FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WESTERN BRAND CHICKEN (REPRESENTED BY BENEN FAHY ASSOCIATES) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Pay Increase
BACKGROUND:
2. This dispute concerns a claim regarding a pay increase. The Union referred this case to the Labour Court on 9 May 2016, in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 23 June 2016.
UNION'S ARGUMENTS:
3. 1.There has been no pay agreement with the company since June 2012, and in this time the workers have cooperated with all change programs at the company.
2.The company is a profitable company and has never claimed an inability to pay an increase. The company has sought to continue a pay pause since 2012 with no good reason.
3.The Union has engaged locally and at conciliation in good faith in attempting to resolve the dispute. The Union members rejected a company proposal as the members would not agree to another unwarranted and unjustifiable pay pause to April 2016 and removal of sick pay benefit.
COMPANY'S ARGUMENTS:
4. 1.The biggest issue which is crippling the company is staff absenteeism, affecting production efficiency, staff holiday rosters, and it is also being abused.
2.The company have made a pay increase proposal which includes an attendance bonus, and is built around reducing absenteeism.
3.During the recession when the company had cash flow problems the company never once tried to reduce staff wages.
RECOMMENDATION:
The Court has given careful consideration to the submissions of both parties to this dispute. The Court makes the following recommendation
Pay
The Court recommends that the Company apply the following pay increases:
2% for 14 months with effect from 1 August 2015
2.5% for 10 months with effect from 1 October 2016.
The pay agreement should expire on 31 July 2017.
Sick Pay
The Court recommends that the parties engage through the Conciliation Services of the W.R.C. with a view to agreeing a revised sick pay scheme within 10 weeks of the date of this recommendation. Any matters remaining outstanding between the parties at the end of that time should be referred back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
27 June 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.