FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CORRIB OIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Recommendation r-047065-ir-06/JT.
BACKGROUND:
2. The Worker concerned has been employed by the Company as a General Operative since November 2001 and carries out his duties at the Company's petrol station premises in both Castlebar and Swinford.
The case before the Court concerns an appeal by the Worker arising from a Rights Commissioner's Recommendation r-047065-ir-06/JT which issued on the 11th of June, 2007 in which he recommended that the Worker receive a shift premium for unsocial hours to be agreed between the parties. He did not make a recommendation in regards to the Worker's request for day work.
The Worker's appeal concerns a) the failure of Management to address the recommendation for a shift premium and b) the failure of the recommendation to deal with matters concerning the rate of pay and the option of day work being made available.
The Worker appealed the recommendation to the Labour Court on the 6th July, 2007, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 23rd September, 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Union maintains that the Worker made several requests to Management to provide him with day work but these were all ignored.
2. The Union maintains that Management chose to ignore the pay adjustment dates of Towards 2016 and amended the Worker's rate in July 2007 and in May 2008, realising a total of €9 per hour.
3. Management are currently applying an unsocial hours premium of 5 cent per hour which is exceptionally low. The Worker is seeking a premium of 16.66% which in itself is not uncommon.
COMPANY'S ARGUMENTS:
4. 1. The Company maintains that while it does not operate a system of "shift" premiums it does in effect pay a premium which is above the minimum wage rate of €8.65 per hour. In the case of the Worker it equates to an additional 35 cent per hour for each hour worked.
2. The Company maintains that it is not bound by JLC rates at its service stations. It states that it is bound by minimum wage rates plus an additional premium which it pays to the Worker as outlined above.
3. Working arrangements are determined by the Manager/Supervisor and every effort is made to be as flexible as possible to meet the operational needs.
DECISION:
Having considered the submissions made to it by the parties, the Court varies the Rights Commissioner's Recommendation as follows:-
1) The Claimant should be treated according to his length of service in the allocation to him of an amount of day duty, for which he has expressed a preference.
2) His basic rate of pay should be increased to €9.00 per hour with effect from 11th June, 2007 (the date of the Rights Commissioner's Recommendation) and to €9.19 per hour with effect from 1st February, 2008. The Court also notes the Company's commitment to review rates in February each year.
3) A shift premium of 16.66% should apply in respect of all hours worked outside the hours of 7 am to 7 pm, Monday to Friday.
This should also apply with effect from the date of the Rights Commissioner's Recommendation i.e. 11th June 2007.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
23rd October, 2008______________________
M G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.