FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DONEGAL MEATS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Compensation for Loss of Days/Earnings
BACKGROUND:
2. This dispute relates to a compensation claim for loss of days/ earnings arising from a blockade of the premises.
- This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 26 August 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 1 April 2016.
UNION’S ARGUMENTS:
3. 1. Members were rostered to work on the first day of the blockade and had travelled to their workplace and were subsequently sent home. Other members in the packaging area had reduced supplies and lost out financially.
2. The blockade at the company was as a result of a dispute between the company and a third party.
3. The union submitted a claim for three days pay for each employee in respect of the three days of the blockade and further submit a claim for the employees who lost out on earnings due the reduced supply of product.
EMPLOYER'S ARGUMENTS:
4. 1. The company had made every effort to resolve the dispute between them and their suppliers with discussions taking place until 6am on the morning of the first day of the blockade. Notice of the blockades was given on two subsequent days.
2. The blockade took place at all beef processing plants throughout the country and the company submits that no other company made payments to employees for the period in question and also treated it as short time.
3. The company incurred significant loss as a result of the blockade which they were unable to recover.
RECOMMENDATION:
The issue in dispute between the parties concerns the non-payment of three day’s pay arising from a blockade of the factory by the Irish Farmers Association in October 2014.
The days affected were 28thOctober 2014 and 10thand 11thNovember 2014. The Union submitted that the workers were rostered to work on the days in question. On 28thOctober 2014 they had travelled to work only to be sent home again.
The Company stated that as there was no work available, due to circumstances beyond its control, the workers were placed on short-time and accordingly were not paid for the days in question and the maximum notice possible was given to the workers of the short time. It told the Court that it only found out at 6.00am on Tuesday 28thOctober 2014 that cattle would not be delivered to the factory on that day; therefore it was not possible to give prior notice. Whereas notice was given on Saturday 8thNovember in respect of the unavailability of work on Monday 10thand Tuesday 11thNovember 2014.
Having considered the submissions made by both parties the Court recommends that the Claimants affected by the blockade should be given one extra day’s annual leave in the 2016 leave year.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
15 April 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.