FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BOXMORE PLASTICS LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Long service award and collective agreement.
BACKGROUND:
2. This dispute arose from the Company's decision not to give the Worker a long service award and the manner in which the Company then dealt with the Worker's grievance. The Worker referred this case to the Labour Court on 29th November, 2013, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 31st January, 2014.
UNION'S ARGUMENTS:
3. 1. The Company's decision to deny the Worker this award has caused him considerable upset.
2. The Company then compounded this upset by denying the Worker access to the grievance procedure.
3.The Worker is merely seeking parity with his colleagues who received this long service award.
COMPANY'S ARGUMENTS:
4. 1. The long service award was discontinued in 2003 as it was causing bad feeling.
2. This is not a matter of collective bargaining as there has been no demand for its reintroduction.
3. The Company will however, without prejudice, consider the issue if it is raised as a collective issue.
RECOMMENDATION:
The Court notes that both parties confirmed their willingness, in accordance with the terms of the collective agreement in place in the Company, to process the matter in dispute through the LRC and if necessary to the Labour Court under Section 26(1) of the Act.
The Court recommends accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
24th February, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.