AD1133

FULL RECOMMENDATION

CD/10/33

APPEAL DECISIONNO.AD1133

(r-079494-ir-09/GC)

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

PROCTOR & GAMBLE/ (MANUFACTURING) LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr Nash

SUBJECT:
1. Appeal against Rights Commissioner's Recommendation r-079494-ir-09/GC.

BACKGROUND:

2. This dispute concerns changes introduced by the Company to the operation of overtime, which resulted in a significant reduction in the Worker's earnings. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 1st April, 2010 the Rights Commissioner issued the following Recommendation:-

- “I recommend that the company offer the claimant a compensatory sum of €3,000 for the loss of his unusually high overtime earnings over the period and in full and final settlement of the issue”.
On the 3rd December, 2009 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.A Labour Court hearing took place on the 19th April, 2011.

UNION'S ARGUMENTS:

3. 1.The Worker's overtime was regular and rostered.

2. This unilateral change to the operation of overtime resulted in a considerable loss of earnings for the Worker.

3.The Worker should be compensated in line with previous Labour Court Recommendations.

COMPANY'S ARGUMENTS:

4. 1. Overtime has always been at the discretion of the Company and has never been guaranteed.

2. The Company has exhausted its internal grievance procedures in a genuine attempt to resolve this dispute.

3. Concession of this claim would have serious knock-on implications and would undermine the plant's competitiveness.

DECISION:

The Court has carefully considered the submissions of both parties in this case.

The Court is satisfied that the Claimant suffered the loss of an unusually high level of overtime earnings as a result of Company restructuring measures and a revised system of overtime allocation. However, the Court notes that the overtime in question was not regular and rostered nor was it a condition of his employment that he work the overtime in question. However, of those remaining in the employment of the Company, he was uniquely disadvantaged by the changes introduced and accordingly should be compensated for the loss he incurred.

Taking all factors into account the Court takes the view that the level of compensation recommended by the Rights Commissioner should be increased from €3,000 to €5,000 in full and final settlement of this matter. This additional amount should be paid within six weeks of the date of this Recommendation.

The Court so decides.

Signed on behalf of the Labour Court

Brendan Hayes
9th May, 2011______________________
JMcCDeputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.