FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UPONOR LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Rehearing arising from LCR 18860
BACKGROUND:
2. The case was before the Labour Court previously, and a recommendation - LCR18860 - issued in March, 2007. The main details of the dispute are contained in it. Following the hearing a number of meetings took place and in April, 2007, the Company made an offer on the meal allowance and a revised compensation package of €25,000 in relation to home phones, golf club membership and a Company expensed taxi. The Union is willing to accept the offer but claims that the Company has put preconditions on the payment which has resulted in delays. The dispute was referred back to the Labour Court and a hearing took place on the 7th of September, 2007.
UNION'S ARGUMENTS:
3. 1. The workers were willing to accept an offer which was less than a 2-year buy-out would have delivered. The Company has frustrated the process by delaying a resolution while at the same time saving on benefits previously borne by the Company. The compensation should be paid forthwith.
COMPANY'S ARGUMENTS:
4. 1. The Company believes that it has tried to move the matter on in a reasonable way but it has also sought to support the interest of the business going forward. However, with a potential sale of the Company's Cork site the Company would prefer to hold off on paying the bonus for the time being.
RECOMMENDATION:
The dispute before the Court is a follow on from a previous Labour Court hearing held on 7th March 2007 when the Court recommended,inter alia, that :-
- “the parties should enter into immediate negotiations on the outstanding issues; this process should be completed within a period of one month from the date of this recommendation.”
Having considered the oral and written submissions of both sides, the Court is of the view that this agreed lump sum payment should be paid out with immediate effect and that the delay has prejudiced the claimants concerned. Accordingly, the Court recommends as follows:
- The Company must pay the €25,000 lump sum without any preconditions by no later than 30th September 2007. In the event of default of payment by that date, the Company must pay an additional lump sum of €5000 for each month thereafter, subject to an overall maximum lump sum of €40,000.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st September, 2007______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.