FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CRINKLE FINE FOODS (RUDD'S FINE FOODS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Original Terms & Conditions.
BACKGROUND:
2. The case before the Court concerns the Union's claim that the Employer has unilaterally introduced changes to terms and conditions of employment for its members located in Birr, Co Offaly. It is the Union's claim that the Employer has implemented changes to the clocking in system as well as removing paid rest breaks without prior negotiation and agreement. The Employer rejects the Union's claim, arguing that the issues in dispute have been addressed internally and form part of its ongoing human resources initiatives.
On the 5th February, 2015 the Union/Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th May, 2015.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The Employer has unilaterally introduced changes without consultation and agreement on the issues.
2. The Workers have suffered a significant financial loss resulting from the removal of paid breaks.
3. The Employer has refused to engage with the Union on the issues in dispute.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer contends that there has been no instances of internal grievances raised as a result of the implemented changes.
2. The Employer asserts that all changes surrounding the clocking in system were communicated clearly prior to implementation.
RECOMMENDATION:
The Court recommends that the issues forming the subject matter of this referral should be discussed directly between the Company and the Union. In the event that they are not resolved they should be processed through normal industrial relations procedures of the State.
Signed on behalf of the Labour Court
Kevin Duffy
22nd May 2015______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.