FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GARDA HOLIDAY & TRAVEL CLUB (REPRESENTED BY MS M.P. GUINNESS B.L., INSTRUCTED BY GLEESON MCGRATH BALDWIN, SOLICITORS. - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Claim for the restoration of salary increments and the payment of a Christmas Bonus.
BACKGROUND:
2. This dispute relates to the Union’s claim for restoration of salary increments and the payment of a Christmas Bonus. 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 10th August 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 6th October 2015.
UNION’S ARGUMENTS:
3. 1. In March 2009 the Workers agreed to suspend salary increments until April 2010. It is accepted that the period following the economic collapse proved difficult for management and staff and explains why the increments were not reinstated at that time.
2. There is a ten point increment scale in place which has increased in line with the National Wage Agreements. The Workers are entitled to be placed on the correct point of the scale retrospectively back to November 2013.
3. The Union have made a proposal to management which if accepted would have awarded the Workers a moderate Christmas Bonus of €250 for 2015 whilst allowing the parties to engage in further local discussions in 2016.
EMPLOYER'S ARGUMENTS:
4. 1. The written contract is the overriding document governing the contractual terms between the Club and their employees. Any increases in pay were applied to the employees’ current rate and were not made with reference to any pay scales.
2. The increments were at all times discretionary and subject to satisfactory service in accordance with the contractual terms between the parties.
3. There is no entitlement to a Christmas bonus. Over the years the Workers have sometimes been given a bonus but this was always at the discretion of the Employer.
RECOMMENDATION:
The matter before the Court concern the Union’s claim for the restoration of salary increments suspended by agreement between the parties in March 2009 until April 2010 and re-introduction of a Christmas Bonus awarded sporadically since 2006. In November 2013, the Union sought the restoration of the salary increments and seek retrospection back to November 2013. Management disputed the existence of increments and stated that salary scales were never complied with. Instead it maintained that employees received increments which varied in timings and amounts negotiated between an employee and management based on an interview/appraisal.
The Union sought a definitive agreement on the payment of a Christmas Bonus. Management stated that payment of the Bonus is discretionary and there were no established practice of paying it.
Having considered the submissions of both sides and noting the constant decline in the Company’s business, the Court does not find in favour of the Union's claim, however, it recommends that the parties should meet, under the auspices of the Labour Relations Commission if required, to discuss and agree methods of salary progression going forward.
The Court accepts the discretionary nature of the Christmas Bonus as decided by the Board of Management and sees no reason to alter that arrangement.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
12th October, 2015.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.