FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GLANBIA PLC T/A GLANBIA CONSUMER FOODS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY PCE) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Compensation based on LCR19912.
BACKGROUND:
2. The case before the Court concerns a claim by the Worker in relation to compensation for the loss of sunday working hours and is based on Labour Court Recommendation No. 19912 where the Court previously recommended the payment of compensation in relation to same. It is the Worker's claim that he is entitled to compensation for the loss of sunday working hours. The Employer rejects the Worker's claim and contends that an alternative arrangement was previously reached with the Worker and as a result the Worker was not a party to the dispute heard before the Court previously.On the 1st July, 2011 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 28th October, 2011. The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. The Worker contends that he is entitled to the payment of compensation for the loss of sunday working hours as per Labour Court Recommendation No. 19912.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer maintains that the compensation element recommended in Labour Court Recommendation No. 19912 applied to permanent direct employees and did not encompass the Worker involved in this dispute.
2. An alternative agreement was reached with the Worker prior to the previous Labour Court hearing. As a result of this the Worker was not a party to the dispute or to Labour Court Recommendation No. 19912.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this case. The Court finds that the Union and Company reached an agreement on terms for the discontinuation of Sunday Work that provided for a) a lump sum payment of 1.5 times the annual loss of income for established staff based on an agreed reference period, b) the conversion of three casual staff to established status and c) a lead in payment of €1500 to the non-established staff that were being transferred from day work on Sunday to shift work commencing at Midnight on Sunday night into Monday morning.
The Agreement had different implications for different categories of staff and cannot now be unpicked to so as advantage any one group beyond what was intended by the parties when it was agreed.
Accordingly the Court does not recommend concession of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
13th January 2012______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.