FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ATLANTIC HOMECARE (REPRESENTED BY IRISH BUSINESS & EMPLOYERS CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Alleged failure of Company to address a number of issues previously referred.
BACKGROUND:
2. The Company operates retail outlets in major towns throughout Ireland. The Union represents employees in a number of centres.
The dispute before the Court arises over the Company's alleged failure to deal with a number of issues which had been raised by the Union with Management locally, nationally and through the auspices of the Labour Relations Commission and which remain unresolved.
The isues could not be resolved at local level. The Union referred the claim to the Labour Court on the 6th December, 2007 in acordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 10th April, 2008.
UNION'S ARGUMENTS:
3. 1.The issues and claims before the Court have been ongoing for over two years and the Union maintains that the Company has been avoiding responding or dealing with them.
COMPANY'S ARGUMENTS:
4. 1.The Company has set out the current basis in two letters issued on 7th April, 2008, in which it responds to the issues raised by the Union.
RECOMMENDATION:
The Court is surprised and disappointed that, in a case which has twice been to conciliation and where dispute procedures exist, the matters at issue have come before it under Section 20 (1) of the Act, which was clearly not designed to deal with situations like this one.
The Court notes that, of the issues remaining in dispute, agreement has now been reached on the following matters:-
- Sick leave
- Part-time workers' holiday entitlement
- Remittance of Union contributions
and that matters relating to Information and Consultation will be dealt with separately.
Regarding the matters still in dispute between the parties:-
- Fork lift truck payment
- Breakup of annual leave
- Union representation at local level
- revised Grievance and Disciplinary Procedure (which should be fully in accordance with S.I. No.146 of 2000).
The Court recommends that the parties re-engage promptly in discussions with the assistance of an I.R.O. of the Labour Relations Commission. These discussions should be concluded within four weeks of the date of this Recommendation. Any outstanding matters at that stage should be referred back to the Court jointly for a definitive Recommendation.
Signed on behalf of the Labour Court
Raymond McGee
24th April, 2008
MG.______________________
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.