FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SCA PACKAGING IRELAND - AND - A WORKER (REPRESENTED BY UNITE - AMICUS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Monies Due To Be Paid
BACKGROUND:
2. The Union's claim on behalf of its member is for monies owed in lieu of four weeks holidays accrued by its member in his initial year of employment. The Union argue that the accrual of holidays in the first year of employment is a historical practice common in most Irish workplaces. This is reflected in many agreements. The Company reject the claim. It offered an enhanced severance package including a goodwill payment that was accepted by the majority.
On the 29th May, 2008, the Union referred the issue to the Labour Court in accordance with section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 17th July, 2008. The Union agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3. 1 The Worker in good faith, accepted guarantees given by the Company over the years that he would not suffer any loss regarding the holidays which he accrued and that he would be compensated in full for the holidays owed. Previous employees of the Company received their holiday pay entitlement from the commencement of their employment under the guarantee given by the Company.
2 Statutory legislation over many long years in the Republic of Ireland has given a legal aspect to holiday entitlement of workers. It is perverse in this case that it is the employer who benefitted from the Workers holiday entitlements
COMPANY'S ARGUMENTS:
4. 1 The Company have no knowledge of the customs and practices claimed by the Union prior to its acquisition of Shamrock Print and Packaging in 1999. There is no written or satisfactory evidence to support the Union's claim relating to holidays from 1988.
2 The Company believes that throughout this process it has acted entirely reasonable and offered its employees an enhanced severance package including a goodwill payment of €650.
RECOMMENDATION:
Having considered the oral and written submissions of both parties, the Court notes that no data was submitted to the Court to substantiate the worker’s claim, which relates back to 1988.
Having regard to the context of the overall negotiations which took place with the two Unions involved and, the resulting severance package, the Court is of the view that the offer made to address the worker’s claim was reasonable in all the circumstances. Therefore, the Court does not recommend any increase in the goodwill payment offered on 25th January 2008.
The worker’s claim fails. The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th August, 2008______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.