FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CADBURYS IRELAND LTD - AND - UNITE/ SIPTU DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Cashless Pay/ Protocol For Compassionate Cases
BACKGROUND:
2. In May 2007 the Company and the Unions agreed a major cost reduction / investment plan to secure the future of the Coolock plant. The agreement included the full introduction of cashless pay by the end of 2008. This dispute arose over how 'special cases' seeking to remain on the cash system would be dealt with.
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 12th November, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th November, 2008, the earliest date suitable to the parties.
UNIONS' ARGUMENTS:
3. 1. This dispute concerns 'special cases' who may not be able to avail of cashless pay for various reasons.
2.The Unions believes that the number of workers who would want to remain on cash pay would be very small.
3.The Union does not believe that it is appropriate for members of management to decide on what constitutes 'special cases'.
COMPANY'S ARGUMENTS:
4. 1. The main reason for the introduction of cashless pay is to eliminate the security risk that the payment of wages in cash creates.
2.The Union's argument that there are employees who cannot move off cash is undermined by the fact that the Company's retired workers are paid by direct debit.
3.The Company cannot acccept that it should be the Unions alone who decide who cannot move to cashless pay.
RECOMMENDATION:
For the avoidance of doubt it should be understood by all parties that in accordance with the Change Agreement concluded in April 2007, the facility for cash payment will cease at the end of December 2008. The only outstanding issue relates to how cases involving individuals who claim that they cannot accept cashless pay are to be adjudicated upon.
The Court recommends that this outstanding matter be dealt with by a committee comprising two representatives of the unions and two representatives of management together with an independent chairperson nominated by the Court. This committee should ascertain whether, as a matter of fact, any individual has a genuine impediment to accepting cashless pay (as opposed to an unwillingness to accept any other mode of payment or inconvenience associated with the intended change).
In the event of a disagreement between the members of the committee in any issue before it the decision should be taken by the independent chairperson. The committee should observe strict confidentiality in relation to cases coming before it and only the decision of the committee should be published without any details of individual cases.
The Court further recommends that the work of this committee should be completed by mid December 2008.
Signed on behalf of the Labour Court
Kevin Duffy
27th November, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.