FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MARKS AND SPENCER (IRELAND) LIMITED ('M&S') - AND - MANDATE SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Changes in terms and conditions of employment.
BACKGROUND:
2. The Company employs approximately three thousand staff in Ireland. Due to falling sales the Company has tabled a set of cost-cutting proposals designed to meet the challenge. The Unions have reacted to the proposed reduction in the terms and conditions of employment and limited industrial action has ensued.
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 12th December 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th December, 2013.
UNIONS' ARGUMENTS:
3. 1. The provision of satisfactory financial information regarding the Company is an essential prerequisite to the Unions giving an appropriate response to the proposals.
2. The Unions are committed to a speedy and meaningful engagement with Management in order to bring about the best possible result.
COMPANY'S ARGUMENTS:
4. 1. There are compelling financial imperatives for the Company's proposals which were put before the Unions.
2. The Company remains committed to it's business in Ireland and preserving as many well remunerated jobs in its stores as is possible.
RECOMMENDATION:
The Court notes and has carefully considered the contents of the submissions made by both parties to this dispute.
The Unions contend that their capacity to engage with the Company’s proposals has been hampered by its failure to supply them, in a suitable form, with the financial information that under pin its proposals on these matters. The Company disputes this contention and asserts that it has provided the Unions, in a suitable format, with all of the relevant financial information they have requested.
In order to facilitate meaningful engagement on the substantive issues the Court recommends that the Unions, with immediate effect nominate a professional financial advisor to engage with the Company to establish the financial facts that underpin the Company’s proposals. The Company should, subject to normal confidentiality terms, provide the Unions’ nominated advisor with all of the relevant financial facts that apply in this case.
The Unions should, having had the relevant financial information assessed by their advisors, engage with the company, with the assistance of the LRC if required, on the substantive issues, with a view to arriving at a final resolution of all issues in dispute within 28 days of the date of this Recommendation.
Should substantive issues remain unresolved between the parties 21 days after the date of this Recommendation they should be referred back to the Court for a definitive Recommendation within the 28 day time scale.
In the interim no form of strike or other industrial action should be taken by either party.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
13th December, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.