FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ISS IRELAND LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Compensation and phasing for changes to terms and conditions.
BACKGROUND:
2. This dispute concerns proposed changes to the Workers' terms and conditions of employment. 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 2nd September, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th November, 2013.
UNION'S ARGUMENTS:
3 1 The Company is seeking to reduce the Workers' earnings.
2 The Workers have to work long unsocial hours and have always been compensated accordingly.
3 The introduction of these changes would cause significant financial hardship.
COMPANY'S ARGUMENTS:
4 1 The Company must reduce costs in order to remain competitive.
2 The Company has engaged fully with the Workers on the introduction of these changes.
3. Loss of earnings should be compensated at the rate of 1.5 times the annual loss.
RECOMMENDATION:
Having considered the submissions of both parties the Court recommends that the Union cooperate with the changes outlined by Management to the Court. The Court further recommends that the Company pay compensation of twice the annual loss incurred by each of the Workers affected by the proposed changes in two phases as follows:-
Phase 1
The first 50%, payable on 1 January 2014, of the amount due calculated on the basis of the anticipated loss of earnings resulting from the proposed changes.
Phase 2
The second 50% or the balance of the amount due calculated by reference to the actual loss of earnings incurred by each of the Workers over the calendar year 2014. Phase 2 should be paid on the earlier of the second pay day in January 2015 or the final pay day of a Worker in the Company in the event of the loss of a contract giving rise to the subsequent transfer of staff to a new employer / the compulsory redundancy of the staff concerned.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
25th November, 2013______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.