FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CHESHIRE IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Connolly Worker Member: Ms O'Donnell |
1. Retrospective Payment For Shift Meal Breaks
BACKGROUND:
2.
This Dispute concerns a claim by the Union for retrospective payments following the introduction by management of paid breaks from 4thApril 2016. Following an unsuccessful conciliation conference at the Workplace Relations Commission the dispute was referred to the Labour Court on 8th February 2017, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
UNION'S ARGUMENTS:
The Union contended that staff were at a loss as they were not being paid for meal breaks which was contrary to policy and practice in other premises operated by the Company.
COMPANY'S ARGUMENTS:
The Company stated that they are currently facing a significant unsustainable financial deficit and conceding the Union's claim would pose a threat to the solvency of the Company.
RECOMMENDATION:
The Union’s claim before the Court made on behalf of seven employees employed in Cheshire Cork Community Services and concerns a claim for retrospective payments following the introduction by management of paid breaks from 4thApril 2016. The Union submitted that prior to that date the Claimants were not paid for breaks and were not aware that they had an entitlement to be paid for their breaks.
Management stated that efforts were made over a period of time to harmonise conditions of employment when the organisation moved from a residential to community run organisation. It stated that it held meetings with the Union on a monthly basis to deal with matters arising at national level. At its meeting on 16thMarch 2016 it was agreed to introduce paid breaks. Management produced for the Court supplementary information which detailed final agreed policies, including the paid breaks.
The Union accepted that agreement was made on the payment of breaks, however, it stated that at no stage was the Unit in Cork mentioned.
Having considered the submission made the Court is satisfied that the issue of paid breaks was the subject of discussions at the meeting between both sides on 16thMarch 2016. By letter dated 31stMarch 2016, Cheshire Ireland provided copies of the final agreed policies. No reference to retrospective payments for paid breaks was contained in the final agreed policy documentation.
Furthermore, the Court notes that the Union’s claim for retrospective payment was not made until May 2016, at which time paid breaks were in situ. In such circumstances, the Court does not recommend in favour of the Union’s claim.
Therefore, the Court does not recommend in favour of retrospection.
The Court so Recommends.
Signed on behalf of the Labour Court
28 April 2017______________________
JDCaroline Jenkinson
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.