FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AIB DIRECT BANKING - AND - IRISH BANK OFFICIALS' ASSOCIATION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Non-Implementation of Agreement regarding non-payment of individual Bonus for second half of 2009.
BACKGROUND:
2. AIB 24 Hour Services (Direct Banking) is a subsidiary of AIB Bank and was formed in 1995. It employs 705 workers in two locations. The Direct Banking contract of employment provides for a twice-yearly bonus to be paid in June and December of each year. In 2009 the Bank wrote to the Union stating that a review of the bonus would take place and expressed concern about the deteriorating financial circumstances facing the Bank. On the 2nd December, 2009, it informed the Union that the bonus for that month would not be paid.
The issue was referred to the Labour Relations Commissions in 2010 and two conciliation conferences took place. Following the second conference in November, 2010, the Bank stated that it would pay the bonus that was due in December, 2009, and review bonuses due after that date. However, shortly after this the Bank received correspondence from the Minister for Finance stating that no bonuses would be paid. The matter was then referred to the Labour Court in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th August, 2011. The following is the Court's recommendation:
RECOMMENDATION:
The Court believes that the circumstances of this case are such that the parties should seek a practical solution to the issue in dispute within the constraints of relevant legislation.
In these circumstances the Court recommends that the parties have further discussions with a view to finding such a solution which takes account of the peculiar circumstances of the staff associated with the claim.
Signed on behalf of the Labour Court
Kevin Duffy
15th August, 2011.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.