FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MCALLISTER'S GARAGE LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Change to working hours.
BACKGROUND:
2. The Joe Duffy Automotive Group acquired McAllister's Garage Limited by way of a share sale in December 2012. The case before the Court concerns five Technicians based at the McAllister's Garage in the Airside Retail Park in Swords. The dispute arose after the transfer of ownership of the garage was completed without a transfer of undertakings being arranged and which it is claimed by the Union has had an unfavourable impact on the Worker's terms and conditions of employment.
The 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 29th October, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 12th December, 2013.
UNION'S ARGUMENTS:
3. 1. The revised opening hours have fundamentally changed the contractual terms of the contract of employment for our members.
2. It is unreasonable for the Company to unilaterally change the contracts without prior agreement. The Workers have lost out financially due to the roster changes and a compensation package should be renegotiated.
COMPANY'S ARGUMENTS:
4. 1. The group employs one hundred and ninety two and cannot be dictated to by five employees that enjoy exactly the same terms and conditions of employment as everybody else.
2. Without the assistance of the Group there was a bleak future in store for Workers at McAllister's Garage as in common with many others within the motor trade had suffered from falling sales and reduced profits.
RECOMMENDATION:
The Court has reviewed the proposal put forward by the LRC to resolve this dispute. The Court believes that the proposal is fair and reasonable having regard to all the circumstances of this case. However, it was rejected and in order to achieve a full and final settlement of the dispute some modification of the proposal should be made in respect to the monetary terms put forward.
The Court recommends that the proposed goodwill payment be adjusted to one of €1,200 gross per employee (subject to tax and other statutory deductions). This payment should be in consideration of full co-operation with the new working arrangements introduced by the Company and in consideration of full recognition of the right of the employer to manage the business.
The other elements of the LRC proposal should be reinstated and accepted.
This Recommendation is intended to be in full and final settlement of all outstanding claims by the Union giving rise to this dispute.
Signed on behalf of the Labour Court
Kevin Duffy
18th December, 2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.