FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GREYHOUND RECYCLING AND RECOVERY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Compensation For Loss of Shift
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to compensation for changes to work patterns. The Union is seeking compensation in the amount of one and a half times the annual loss. The Company rejects the Union's claim. The dispute was not 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 matter was referred to the Labour Court on 31st July, 2012 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 27th November 2012, the earliest date suitable to the parties.
UNION'S ARGUMENT:
3 1 The workers have co-operated with the changes that were introduced. The compensation that is paid in analogous employment within the sector of 1.5 times the annual loss should also be paid to the workers in this case.
COMPANY'S ARGUMENTS:
4 1 The Company is operating in an extremely competitive environment and continues to lose business. It can no longer sustain the costs of compensation for the shift changes.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
In all the circumstances of the case the Court recommends compensation of an amount equivalent to 15 months loss for each of the workers concerned. The Court further recommends that the amount involved be paid in two moieties on the 31st January 2013 and 31st July 2013.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th January 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.