FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : PORTWEST LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Pension & Sick Pay.
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to the introduction of a pension and sick pay scheme for employees. The Company's position is that it is operating in a very competitive market and the additional costs of the claim would inevitably lead to its closure and further job losses.
The Union's position is that national wage agreements provide for the introduction of pension and sick pay schemes where there are none in existence.
The dispute was not resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 26th April, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 27th September, 2007, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The introduction of pension and sick pay schemes is provided for in successive national wage agreements. It is unacceptable that these workers be treated less favourably that those in comparable employments.
2 The workers employed by the Company are its greatest asset. It is reasonable to seek financial assistance with the costs of illness and to have additional pension entitlements on retirement.
COMPANY'S ARGUMENTS:
4 1 The Company is operating in an extremely competitive market and cannot sustain the additional costs of the claim. It offered an additional day's annual leave as a gesture of goodwill, which was rejected by the workers.
2 The Company is not out of line with comparable employments. Other employments in the sector do not provide pension and sick pay schemes to their workers.
RECOMMENDATION:
In accordance with the provisions of "Towards 2016", the Court recommends that discussions should take place between the Company and the Union on the possible introduction of Sick Pay and Pension Schemes in this employment, within the context of the prevailing financial position of the Company and its consequent ability to absorb such costs.
Signed on behalf of the Labour Court
Raymond McGee
16th October 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.