FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : JOHN CRANE LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Restoration of perfect attendance bonus leave.
BACKGROUND:
2. This dispute arose from the Company's decision to discontinue giving an additional day's leave to any worker with two years' perfect attendance. 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 April, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st July, 2014.
UNION'S ARGUMENTS:
3 1 The Company is part of a large, profitable multinational Group .
2 The additional leave was an integral part of the Workers' terms and conditions of employment.
3 The Company's unilateral decision should be reversed.
COMPANY'S ARGUMENTS:
4 1 The bonus leave for perfect attendance was introduced on an ex gratia basis.
2 This discretionary benefit was not a part of the Workers' terms and conditions of employment.
3. The Company discontinued this benefit in order to reduce its costs.
RECOMMENDATION:
The Court notes that at the time the additional leave was introduced, and for some years thereafter, it was not made explicitly clear that it was intended to operate at the total discretion of the Company.
It is now clear that this arrangement is discretionary and should not be regarded as forming a condition of employment.
In all the circumstances the Court recommends that the facility be applied in respect of 2013 and 2014 and that it cease thereafter.
Signed on behalf of the Labour Court
Kevin Duffy
14th July, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.