FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CLONDALKIN GROUP PHARMA & HEALTHCARE LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SIPTU IPG DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Hours of work.
BACKGROUND:
2. This dispute concerns the Workers' claim for full restoration to a 38.5 hours' working week. 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 2nd May, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th January, 2015.
UNION'S ARGUMENTS:
3 1 The Workers consented to a temporary reduction in the working week in 2009.
2 The Company is now sufficiently profitable to enable it to restore the working week to 38.5 hours.
3 The Company is hiring new staff and paying other staff overtime yet refuses to restore the Workers' 38.5 hours' working week.
COMPANY'S ARGUMENTS:
4 1 The Company's order book continues to be volatile.
2 The Company must continue to manage costs actively.
3. The Company believes its approach is necessary and reasonable.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court recommends that the Company, from a current date, increase the working time of the staff concerned by 50% of the reduction that took effect in 2009 and adjust pay accordingly. The Court further recommends that the parties review the position again in August 2015 in light of the commercial and trading circumstances then prevailing.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th February, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.