FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TESCO IRELAND - AND - MANDATE DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Compensation
BACKGROUND:
2. The Company's store at Clearwater in Finglas South was renovated during the period from March 2006 to October 2006 and required an extension to the floor area of 30,000 sq. ft. plus an upgrade of the original premises. These works caused inconvenience for the Union members which included noise, smells, dust and heating problems for which the Union are endeavouring to gain enhanced compensation which also includes extra annual leave. The resulting financial burden to the Company of this level of compensation has led to this dispute.
The 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 1st May, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th July, 2008.
UNION'S ARGUMENTS:
3. 1. The staff endured significant inconvenience during the renovation and building work, including foul smells from opened sewer pipes, dust, dirt and draughts and all the while the store remained open to the public.
2. The staff suffered from various ailments for instance eye and throat irritation, stress and headaches during the work. It should be an accepted principle that claimants be awarded a sum which is proportional to the level of inconvenience caused.
COMPANY'S ARGUMENTS:
4. 1. The Company offered the Employees a substantial sum of money for their social fund as a goodwill payment for the disturbance during the renovations. The Employees rejected this payment.
2. The Union's claim for 1 day's annual leave plus enhanced contribution to the Social Fund would have substantial financial implications as in 2007, 27 stores were renovated with an average of 150 members of staff in total in each store.
RECOMMENDATION:
The Court, having considered the submissions made by the parties, recommends that the sum of money being offered to the Social Fund, should be increased to €6,000 and that this should be accepted by all parties in resolution of the matter.
Signed on behalf of the Labour Court
Raymond McGee
15th. September, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.