FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST - AND - AN POST GROUP OF UNIONS DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Financial inducement for staff arising from transfer of the License to operate the National Lottery to new company.
BACKGROUND:
2. This dispute arose from the Government's decision to sell the License to operate the National Lottery for a period of 20 years to a new 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 11th August, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th October, 2014.
UNIONS' ARGUMENTS:
3 1 The Government received a significant payment following the sale of the National Lottery licence.
2 The expertise and competence the Workers have exhibited in building the National Lottery product since its inception was instrumental in raising the price paid for this licence.
3 Concession of this claim would appropriately recognise the Workers' contribution.
EMPLOYER'S ARGUMENTS:
4 1 The Government made a decision to sell the National Lottery licence. As a result An Post is no longer the majority shareholder in the operating company.
2 The proceeds from the sale of this licence went to the State, not to An Post. An Post has in no way financially benefitted from this decision. Accordingly it should not be asked to pay compensation to the workers concerned.
3. An Post is facing financial constraints that has caused it to reduce overheads, contain payroll costs and reduce employee numbers. This has had a very serious effect on the Company's capacity to consider claims for pay increases. At present talks are underway with the relevant trade unions regrading claims for pay increases. Concession of this claim would inevitably therefore create difficulties within the wider An Post Group.
RECOMMENDATION:
Having given careful consideration to the submissions of both sides in this dispute the Court does not recommend concession of the Unions' claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
14th November, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.