FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BUSINESS MOBILE SECURITY SERVICES LIMITED TRADING AS INTEGRATED RISK MANAGEMENT SERVICES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Holiday pay, service pay, travel allowance and pay differential.
BACKGROUND:
2. This dispute arose from a transfer of undertakings to the Company. This 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 7th August, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th October, 2013.
UNION'S ARGUMENTS:
3 1 The Workers are required to remain on site during paid breaks and so this must be included when calculating holiday pay.
2 The Workers should receive the same travel allowance as their other colleagues do.
3 The Workers should be paid the correct service pay.
COMPANY'S ARGUMENTS:
4 1 The Company has upheld the Workers' terms and conditions of employment.
2 The Company cannot afford to concede this claim.
3. Concession of this claim would undermine the Company's competitiveness and ability to compete against larger security companies.
RECOMMENDATION:
Having considered the submissions of both parties the Court recommends as follows:
Travel Allowance
The Court does not recommend concession of this claim.
Holiday Pay
The Court finds merit in this claim. The Court recommends that holiday pay for the workers concerned be paid on the basis of hours worked, including paid breaks, averaged over the 13 weeks worked prior to the taking of annual leave.
Service Pay
The Court finds some merit in the Union’s claim. The Court recommends that the rate of pay of those workers that were transferred from Brendan Gilmore (Security) Ltd be paid an additional €0.10 (ten cent) per hour with effect from the date on which their combined continuous service with their former and current employers exceeded/exceeds four years.
Team Leader Differential
The Court does not recommend concession of this claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
29th October, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.