FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SHANNON FOYNES PORT COMPANY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - TWO WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Rates of Pay.
BACKGROUND:
2. Shannon Foynes Port Company - the commercial state-owned Company with responsibility for the management of the Shannon estuary - was formed by the merger of Shannon Estuary Ports and Foynes Port Companies under the Harbours Act 2000. This dispute arises from a claim by two Workers that since the merger their terms and conditions of employment have been undermined in a discriminatory manner.
The Claimants referred their case to the Labour Court on 12th November, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Workers agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 14th July, 2009.
UNION'S ARGUMENTS:
3. 1. Although many other employees gained from the merger this was not the case for these two Workers.
2. The Workers should be regraded at Clerical Grade VI .
3.A large element of retrospection would be required to compensate the Workers for the loss and stress.
COMPANY'S ARGUMENTS:
4. 1. The Workers' current roles and responsibilities are correctly graded.
2. There is no automatic progression from one grade to another.
3.The Company is not in a position to entertain any cost-increasing claim.
RECOMMENDATION:
It is noted that the Company has accepted that, without prejudice to either side’s formal position, it is in the best interests of all parties to resolve the long-standing grievance of the Claimants. Accordingly, the Court has formulated its recommendation without seeking to pronounce on the rights or wrongs of the events giving rise to the Union’s claim.
It is further noted that in its letter of 12th August 2005 the Company put forward a proposal for resolving the dispute. While this proposal was not accepted, in the Court’s view, it does provide a basis upon which the Claimants’ grievances can be addressed.
The Court recommends that this proposal should now be modified so as to provide for the payment to the Claimants of an ongoing allowance in the nature of pay of €2,000 per year, pro rata where appropriate. This allowance should be retrospective to 1st July 2008. It should be regarded as part of the Claimants’ normal remuneration for all purposes, including pensions and increases applicable to their grade.
In so far as the other aspects of the Company’s offer may not have been applied they should now be implemented.
Signed on behalf of the Labour Court
Kevin Duffy
28th July, 2009______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.