FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MARKS & SPENCER (IRELAND) LIMITED - AND - MANDATE DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Payment for Monday 19th March 2007.
BACKGROUND:
2. This dispute concerns a claim by staff in the Grafton Street store that Monday 19th March 2007 should be treated as a public holiday for premium pay purposes (double time plus paid day off in lieu) in lieu of the St Patrick's Day public holiday that fell on the previous Saturday 17th March 2007 when the store was closed. The Company rejects the claim on the basis that the matter has already been dealt with in a favourable manner.
This dispute could not be 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 dispute was referred to the Labour Court on the 22nd August 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th October 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Company made a unilateral decision to close the store on Saturday 17th March 2007 and treat Monday 19th March 2007 as the public holiday.
2. Some staff were rostered to work Monday 19th March 2007 as they had an obligation not to work Mondays but to work public holidays. Other staff voluntered to work onMonday 19th March 2007 because of the incentive of public holiday premium payments.
3.It is not the fault of staff that the Company did not simply close the shop on Saturday 17th March 2007 and open as normal on Monday 19th March 2007.
COMPANY'S ARGUMENTS:
4. 1. This matter has been fully investigated in accordance with agreed Company / Union procedures.
2. All staff concerned received both their contractual and statutory entitlements.
3.The staff in the Mary Street store were treated in exactly the same manner as the staff in the Grafton Street store.
RECOMMENDATION:
The relevant Agreement provides that staff who work on a public holiday will receive double time in addition to their statutory entitlement. In this case the staff received a day off with pay on the actual public holiday. This met their statutory entitlement. They then received double time for working on the following Monday. This met their contractual entitlement in respect of the Monday, which was being treated as if it were the public holiday.
In these circumstances the Court cannot see any logical basis upon which it could be held that those associated with this claim did not receive their entitlements under the Company / Union Agreement.
The Court does not see any merit in the Union's claim and does not recommend its concession.
Signed on behalf of the Labour Court
Kevin Duffy
12th November, 2008______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.