CD/13/485 RECOMMENDATION NO. LCR20687
(CCC-117540)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2012
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES :
GLEN DIMPLEX IRELAND
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
DIVISION :
Chairman : Mr Hayes
Employer Member : Ms Doyle
Worker Member : Mr Shanahan
SUBJECT:
1. Hearing arising from LCR 20513.
BACKGROUND:
2. This dispute concerns the introduction of a new basic pay and bonus rate for new entrants. This matter was first heard by the Labour Court on 10th April, 2013, which issued its decision, LCR20513, on 15 May, 2013. This matter was referred back to the Court on 4th November, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th January, 2014.
UNION'S ARGUMENTS:
3 1 The Company has declined to engage into meaningful discussion to resolve this matter.
2 The Company unilaterally changed the terms of LCR20513.
3 The Workers are frustrated by the Company's intransigence.
COMPANY'S ARGUMENTS:
4 1 Concession of this claim would have huge ongoing cost implications for the Company.
2 The Company has managed to increase production and employment.
3. The reduction in labour costs has been critical to the success of the Company.
RECOMMENDATION :
Having considered the submissions of both parties to this dispute the Court recommends that the agreement concluded between the parties that took effect from 1 January 2011 be amended as follows:-
Basic Hourly Rate €8.65 per hour
Bonus Performance Current Bonus Payment Recommended Bonus Payment
89% €1.71 17.71
90% €3.70 19.70
91% €5.69 21.69
92% €7.68 23.68
93% €9.66 25.66
94% €11.65 27.65
95% €13.64 29.64
96% €15.63 31.63
97% €17.62 33.62
98% €19.61 35.61
99% €21.60 37.60
100%* €23.59 39.59
(*In accordance with the terms of the agreement reached between the parties, the bonus is capped at 100 performance)
The Court recommends that, in full and final settlement of this dispute, the adjustments outlined above be applied, with effect from the date of this recommendation, to all staff employed on or after 1 January 2011.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
29th January, 2014 ______________________
CC Deputy Chairman