FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BOC GASES IRELAND LIMITED - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Salary Corrected And Compensation Paid For Underpayment From 2005 To Date. Pensionable Salary To Be Adjusted To Reflect Corrected Salary.
BACKGROUND:
2. The Employer is the leading supplier of industrial, medical and special gases to the Irish market and employs 340 people. The Worker commenced employment with the Employer in January 2002. The Worker claims that since 2005 his basic salary has not increased in line with national wage agreement increases. The Worker also claims that in 2008 he received a pay increase on 3% but his colleagues received 5%. The Worker claims that the Employer has failed to address his complaints.
The Worker referred his case to the Labour Court on the 31st of March, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 29th of August, 2008.
WORKER'S ARGUMENTS:
3. 1. Since 2005, the Employer has failed to comply with the terms of two consecutive national pay agreements. As a consequence the Worker's salary has not kept pace with inflation.
2. Payment by the Employer of national pay increases, which is a long established practice for the unionised workforce, have historically been used by the Employer as a reference point for managers who do not receive national pay increases.
3.The Employer has failed to address this issue so the Worker had to refer the matter directly to the Court.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker has failed to utilise local dispute resolution arrangements. The Worker should have used the Rights Commissioner Service before referring this matter directly to the Court.
2. By entertaining this complaint the Court will give the impression that the bypassing of existing local and national industrial relations practices is acceptable.
3.The Employer respectfully asks the Court to remit this dispute so that it may be resolved in accordance with agreed procedures.
RECOMMENDATION:
The Court is of he view that this matter should be discussed again at local level in the context of a grievance procedure which comports with the established norm in Ireland. This should be done as a matter of urgency.
If no agreement is possible, the matter should be concluded with the assistance of either:
- (a) a Rights Commissioner
(b) the Conciliation Service of the LRC or
(c) an agreed external facilitator as the parties may agree.
Should the parties choose option (c), but are unable to agree a facilitator, the Court will, on application, nominate a facilitator.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
3rd September, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.