FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HENKEL IRELAND LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Parties to seek clarification from independent mediator
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to the non-payment of the final phase of T16. The Company contends that the payment was disposed of as part of a mediated settlement in 2010. The Union rejects this position and claims that the payment remains outstanding. The dispute was not resolved at local level and was referred to the Labour Court on 24th January 2013 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 19th April 2013. The Union agreed to be bound by the Court's Recommendation:
RECOMMENDATION:
The Court notes the assurance given by the Union that if the question of the final phase of T16 was disposed of by the mediation settlement of 2010, it will not be pursued further.
In these circumstances the Court can see no good reason as to why the Company should not join with the Union in seeking clarification from the agreed mediator on this matter.
The Court therefore recommends that the parties jointly seek clarification from the mediator on whether or not his recommendations of 2010 were intended to dispose of that aspect of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
21st May 2013______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.