FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ISS FACILITY SERVICES LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner Recommendation No: r-097583-ir-10/JC
BACKGROUND:
2. This case concerns an appeal by the worker of Rights Commissioner Recommendation No: r-097583-ir-10/JC. The issue concerns a claim by a Security Operative for loss of earnings following the implementation of new rostering arrangements at the Company. The worker contends that the new rostering arrangements resulted in reduced hours and a subsequent reduction in earnings. The worker is seeking an hourly pay increase of €0.60c to offset the losses incurred by the new rosters and is also seeking that his employers pay €80 for the bi-annual security licence needed to operate within the industry.
Management's position is that the rostering arrangements were implemented as part of a collective agreement with SIPTU and that the worker's claim is without merit. It further contends that the curent economic climate and its own business needs demand that it operates as efficiently and cost effectively as possible.
The dispute was referred to the Rights Commissioners Service for investigation. The Rights Commissioner's Recommendation issued on the 18th May 2011, and did not find in favour of the worker's claim.
On the 15th June 2011, the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 15th September, 2011
WORKER'S ARGUMENTS:
3 1 The changes to the rosters has resulted in a significant loss of earnings and a requirement to alternate on occassion between days and night shifts. As a result of the roster and shift changes, the worker's eranings have been reduced and he has been unable obtain additional employment elsewhere to help mitigate his losses.
2 The worker considers his claim for an additional €0.60c hourly pay rise as well as having his security licence paid for is a fair and reasonable sloution to the matters in dispute between the parties.
COMPANY'S ARGUMENTS:
4 1 The Company implemented changes to the rosters as part of an agreement concluded with the Union that represents Security Operatives at the Company. It cannot agree to seperate arrangements outside of those collectively agreed.
2 The changes to the rosters has managed to reduce costs to the employer through a reduced need for overtime hours but has also resulted in the Company creating employment in the form of a new relief officer.
DECISION:
Having carefully considered the submissions of the parties in this case the Court rejects the appeal and upholds the Rights Commissioner's Recommendation.
Signed on behalf of the Labour Court
Brendan Hayes
17th October 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.