FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE CONCENTRATE MANUFACTURING COMPANY OF IRELAND (REPRESENTED BY IBEC) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Workers' pensions amended without agreement.
BACKGROUND:
2. This dispute concerns the Workers claim that the Company made unilateral changes to their pension scheme. The Workers referred this case to the Labour Court on 31st May, 2014, 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 12th February, 2014.
UNION'S ARGUMENTS:
3. 1. The defined benefit scheme is part of the Workers' terms and conditions of employment.
2. The Company cannot impose these unilateral changes on the Workers.
3.The Company is hugely profitable and absorb the cost of the proposed changes.
COMPANY'S ARGUMENTS:
4. 1. The Company operates a very generous defined benefit pension scheme.
2. 98% of staff opted for the changes in the interest of the common good.
- 3. Concession of this claim would, accordingly, be grossly unfair.
RECOMMENDATION:
Having regard to all the circumstances of this case, including the lapse of time since the issue giving rise to this dispute arose, the Court can see no reasonable basis upon which it could recommend concession of this claim.
The Court notes that the Company’s offer of 30thApril 2013 is still available. In the Court’s opinion that offer is reasonable and should be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
17th February, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.