FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WILLIAM HILL LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. 5/7 contracts, and new terms & conditions.
BACKGROUND:
2. This dispute arose from the Company's plan to change the terms and conditions of employment of new recruits and, on promotion, of current staff. The Company claims that these changes are a necessary attempt to modernise its betting-shop operations to meet the ever-changing nature of the betting industry at large. This 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 24th March, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th April, 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Workers do not wish to see the creation of a two-tier system of terms and conditions of employment.
2. The introduction of less favourable terms and conditions of employment for new recruits would inevitably undermine the terms and conditions of existing staff.
3.The changes being sought by the Company would result in a significant loss of earnings for the Workers.
COMPANY'S ARGUMENTS:
4. 1. The Company has, in marked contrast to its competitiors, engaged fully with the Workers and the Union in an attempt to introduce these important changes.
2. The implementation of these important cost-saving measures will assist the Company in maintaining employment levels in the future.
3.Taking into account its financial position, it would be irresponsible for the Company not to introduce these changes.
RECOMMENDATION:
The Court notes that the parties have made considerable progress towards concluding a comprehensive restructuring agreement that addresses the business, competitive and financial needs of the Company and the legitimate fears and aspirations of the Workers concerned.
In all the circumstances of the case, the Court is of the view that a further brief discussion between the parties would be beneficial and facilitate a negotiated settlement. Accordingly, the Court recommends that the parties undertake facilitated intensive discussions over a two-week period. The Court will nominate an experienced facilitator should the parties so agree. At the end of the two weeks' intensive discussions, should the parties fail to reach agreement, the facilitator will present final proposals for consideration by both parties.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
26th April, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.