FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH CEMENT - AND - GROUP OF UNIONS DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Hearing arising from LCR20201.
BACKGROUND:
2. The case is a re-hearing arising from LCR20201 which itself was a re-hearing arising from LCR19880. Both recommendations concerned major restructuring in the Company and the full background to the cases can be found in them; LCR20201 dealt with a proposed pay reduction. As the parties could not reach agreement on it they referred it back to the Court and a hearing took place on 16th January, 2011. The following is the Court's recommendation:
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute together with the report of the Financial Assessor agreed between the parties to review the commercial and financial circumstances that underpin the issues in dispute.
Taking all matters into account the Court recommends as follows:-
1) The Company should pay to the staff concerned the "bonus" amounts outstanding for 2011
2) The Court notes that while pay costs have been significantly reduced in line with the decline in overall productions levels, the pay structure and, or pay rates have not been reduced to date. From the information made available to it the Court was not in a position to make a considered or definitive recommendation on this basis. Accordingly, the Court takes the view that the parties should, on an on-going basis and where appropriate with the assistance of appropriate financial advice, engage with each other regarding the total cost base of the Company with a view to bringing it into line with the levels necessary to protect the maximum number of sustainable jobs in the two plants. Depending on the precise information exchanged between the parties and developments in the Company itself and/or in the sector that affect the Company's trading position, and any consequent threat to jobs and profitability, this may involve a review and adjustment to the pay rates or structure over the coming year.
3) The Court will remain available to assist the parties in this process.
The Court so Recommends.
Signed on behalf of the Labour Court
Brendan Hayes
20th January, 2012.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.