FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD NA MONA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Short Time - Breach Of Procedures & Loss Of Earnings.
BACKGROUND:
2. This dispute concerns a claim by the Union over the introduction of short time working in the Company’s briquette factories and coal depot.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 1st September, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th February, 2016.
UNION'S ARGUMENTS:
3. 1. The Company made no attempt to engage with our members in the depots to explore alternatives to layoff/short time working.
2. The Union are aware that at least one depot was not placed on layoff or short time.
COMPANY'S ARGUMENTS:
4. 1. Periods of lay off or short time working are unpaid and there is no entitlement to payment for the days on which they were required not to attend work.
2. Management communicated what the plan was in relation to re-deployments/short time working/lay-off as early as possible to employees and their representatives.
RECOMMENDATION:
The matter before the Court concerns a dispute between the parties over the introduction of short time working in the Company’s briquette factories and coal depots, specifically in the Derrinlough and Littleton factories. The Union submitted that the Company was in breach of procedures and it sought compensation for loss of earnings.
Having considered the oral and written submissions made by both parties, the Court is satisfied that every effort was made to mitigate employees’ loss of earnings as a result of the temporary reduction in production requirements. A survey of employee preferences was taken and where available, redeployment options and/or alternative arrangements were offered to affected employees.
Based on the information supplied to the Court, the Court is satisfied that in respect of the temporary reduction in production requirements in 2015 employees were consulted in the normal customary fashion at local level as had been the practice in previous years. In such circumstances the Court can find no breach of procedures and no circumstances to warrant compensation of loss of earnings.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CO'R______________________
8th March, 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.