FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL LOTTERY - AND - PSEU DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Electronic attendance system and related matters
BACKGROUND:
2. The case arose following a dispute between the Union and the Company regarding the Company’s proposals for the electronic recording of staff attendance times, the amendment of the flexi-time system and the elimination of banked hours.
On the 16th November 2012, the Union and the Company jointly referred the dispute to the Labour Court in accordance with Section 20(2) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 21st February 2013.
UNION'S ARGUMENTS:
3. 1. The primary issue in relation to the new “closed” clock-in system is that it does not address the business nature or attendance pattern of the staff.
2. These issues were highlighted to the Company following a field trial.
3. The staff could spend more time making reconciliations with regard to times clocked than in doing productive work.
EMPLOYER'S ARGUMENTS:
4. 1. The Company needs to record and manage employee attendance in the most efficient timely and accurate way possible. In 2006, a Change Agreement on the new electronic attendance system was negotiated with the Union. The new Electronic Attendance Recording System achieves this in a most efficient manner.
2. Actual staff attendance is the basis for the payment of salaries and overtime and the operation and regulation of the Flexible Working Hours scheme.
3. The buyout of banked hours will be based on a flat rate payment calculated at the mean of the appropriate pay scale.
RECOMMENDATION:
The Court recommends that the dispute be resolved on the following basis
1.In accordance with the 2006 Agreement there should be full cooperation with the electronic attendance system as determined by the Company.2.Arrangements should be put in place by the Company for the recording of attendance of employees who are required to occasionally work outside of the office
3.The buyout of the banked hours should be in accordance with the proposal of the LRC, as set out in its letter of 28thFebruary 2012
4.The flexi-time scheme should operate in accordance with the LRC proposal. However, leave in lieu will cease and be replaced by payment.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
11th March, 2013Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.