FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES (CAVAN) - AND - (SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Compensation.
BACKGROUND:
2. This case concerns a dispute between Dunnes Stores and SIPTU in relation to compensation. The case concerns part time staff employed in 2002 who, it is claimed, were treated less favourably then comparable full time employees. A subsequent referral to the Rights Commissioner Service and appeal to the Labour Court resulted in the Court issuing its Determination, (PTD 045) that compensation should be paid to the workers on the basis of the unequal treatment.
This case concerns other staff employed by the Company who were also working part time and feel that compensation is also payable to them. On the 25th September 2006, the Union referred the matter to the Labour Court in accordance with the Section 20(1) of the Industrial Relations Act,1990 and agreed to be bound by the Court's Recommendation.
The company declined an invitation to attend the hearing of the Court and did not submit any correspondence in relation to the case.
A Labour Court hearing took place on 11th June 2008.
UNION'S ARGUMENTS
3 1 The Union's claim is fair and reasonable in the circumstances. The workers in question qualify for the compensation on the basis of their employment status at the time of the original claim.
RECOMMENDATION:
The Court regrets that the employer neither appeared nor made a submission at the hearing.
On the uncontested submission of the Union, the Court recommends concession of the claim.
Signed on behalf of the Labour Court
Raymond McGee
27th June 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.