FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : STOBERT IRELAND DRIVER SERVICES (REPRESENTED BY PURDY FITZGERALD SOLICITORS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Hearing arising from LCR20204.
BACKGROUND:
2. This dispute, which concerns payment for Public Holidays and of a Christmas Bonus, arose from the Workers transfer from Tesco Ireland in November 2009. The Union referred this case to the Labour Court on 17th August 2011, in accordance with Section 20(1) of the Industrial Relations Act 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 24th November 2011. The Labour Court issued its Recommendation LCR20204 on the 28th November 2011.
The issue of Public Holiday payment remained unresolved between the parties. A Labour Court hearing took place on 19th February 2013. The following is the Court's Determination:
RECOMMENDATION:
It is clear that the drivers associated with this claim transferred to Tesco Distribution Network on Tesco Ireland terms and conditions of employment. Those terms and conditions are determined by a collective agreement between that Company and the Union. The collective agreement provided that employees whose service predates 2007 are entitled to be paid time and one half if required to work on a Public Holiday.
The terms of the collective agreement carried over to Stobart Ireland Driver Services Limited by operation of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, in respect of those employees transferred.
Those associated with this claim all have accrued service which predates 2007. They are, therefore, entitled to payment for public holidays in accordance with the collective agreement on the terms applicable to pre 2007 employees. There is nothing before the Court from which it could be concluded that the collective agreement was amended in the case of these employees or at all.
In these circumstances the Court is satisfied that the Union’s claim is well founded. The Court recommends that it should be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
28th February, 2013Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.