FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH CEMENT LIMITED - AND - GROUP OF UNIONS DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Hearing arising from LCR19880
BACKGROUND:
2. LCR19880 (dated 9th August, 2010) concerned a number of restructuring issues, many of which have been resolved. The only issue referred back to the Court concerns a pay reduction being sought by the Company which it claims is necessary due to the collapse of building industry (the Company supplied details of sales reduction since 2007). The Company presented a list of options to the Unions in order to achieve a reduction in pay as follows:
Restructuring of the Bonus Scheme
Claw-back of the 2nd phase of Towards 2016
Reduction of the Annualised Hours Bands
The Unions believe that the Company is taking advantage of the current economic situation to drive down the cost of its operation by reducing wages. Whilst they are willing to engage on efficiencies with the Company the Unions are not prepared to accept the pay cuts proposed.
A Labour Court hearing took place on the 23rd November, 2011. The following is the Court's recommendation:
RECOMMENDATION:
The Court has considered the submissions of both parties in this dispute.
Without prejudice to the position of either side, the Court recommends that the parties agree the appointment of a financial assessor to assist them to establish the precise financial and business issues facing the Company and aid the parties develop an agreed solution to the three matters in dispute.
The Court further recommends that this process should begin with immediate effect and conclude on or before December 12th 2011. Any outstanding issues at that time, together with a report from the assessor and the talks facilitator, should be referred back to the Court for final recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
13th December, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.