FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST NATIONAL LOTTERY - AND - AHCPS DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Pay Review Claim.
BACKGROUND:
2. This dispute concerns a claim for a pay increase which, although supported in part by the Performance Related Pay system in operation in the Company since 2005, have not been paid for 2008 and 2009. 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 20th December, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 19th July, 2011.
UNION'S ARGUMENTS:
3 1 The Company's decision not to pay the increases due is in clear breach of the'Agreement Between An Post National Lottery and the Association of Higher Civil and Public Servants'.
2 The Company is in a position to pay these increases.
3 This claim should be dealt with on its own merits.
COMPANY'S ARGUMENTS:
4 1 The pay of all staff, from clerical grade to the Chief Executive, has not increased since 2008.
2 Concession of this claim would inevitably result in similar claims from other staff.
3. Concession of this claim could undermine the Company's attempt to have its licence to operate the National Lottery renewed.
RECOMMENDATION:
Taking into account the provisions of clause 5.2 of the 2005 document entitled 'Agreement Between An Post National Lottery and the Association of Higher Civil and Public Servants' together with the prevailing national financial situation and the commercial circumstances of the Company, the Court does not recommend concession of the Union's claims.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
20th July, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.