FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROSDERRA IRISH MEATS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Extension of €30 Bonus
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to the continued payment of a €30 attendance bonus which had been paid during temporary working arrangements within the Company. The Union's position is that the payment should have continued until all workers returned to their normal work location.
Management's position is that the payment was made to those employed at the temporary work location but ceased on return to their original place of work.
The dispute was not 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 matter was referred to the Labour Court on 29th October, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 25th November, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 A ballot took place on the emergency arrangements required within the Company. It was clear at the time that the €30 bonus payment would apply to all and would continue to be paid until all workers were returned to their original place of work.
2 It is unacceptable that Management has refused to comply with the Company/Union Agreement concluded on the transitional arrangements. The workers were extremely flexible throughout the period in question and have suffered significant financial loss as a result of Management's actions.
COMPANY'S ARGUMENTS:
4 1 The Agreement concluded between the parties in relation to the transitional arrangements did not include a provision that the bonus would continue to be paid after workers were returned to their original location.
2 The payment of the bonus was paid only while travelling to the temporary location was necessary. This was clearly understood at the time of negotiations and the Union's claim is without merit.
RECOMMENDATION:
The matter before the Court concerns the Union’s claim on behalf of 41 workers employed on the slaughtering line, for payment of €30.00 attendance bonus for the period November 2007 to November 2008.
As a result of a fire in the Company’s plant in Edenderry in August 2007, emergency plans had to be put in place in order to sustain production, this required work to be carried out in Roscrea at the weekends initially and subsequently on a five-day week basis.
The Company stated that while the claimants here concerned had worked in Roscrea at weekends for a period of 16 weeks from August to November 2007 for which they were provided with free transport and were paid overtime rates plus €50.00 subsistence allowance, they eventually returned to their normal place of work in the Edenderry plant in November 2007 on their original terms and conditions of employment.
The Company stated that the payment in question had been conceded to other members of staff who were temporarily based at the Parkmore plant in Roscrea for the period from November 2007 to November 2008. This €30.00 payment emerged as a result of a claim lodged by the Union due to the significant time spent travelling to Roscrea now that they were being required to travel on a daily basis instead of at the weekends as had applied up until November 2007. In addition to the €30.00 bonus the Company has also increased their subsistence allowance by €10.00.
Having considered the oral and written submissions of the parties, while the Court accepts that the wording of the proposals which emerged from the negotiations is ambiguous, it is of the view that there is no validity in the claim. Accordingly, the Court rejects the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th December 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.