FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GRESHAM HOTEL - AND - A GROUP OF WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Claim for enforcement of local Agreement.
BACKGROUND:
2. On the 24 October 2017, the Workers referred the dispute to the Labour Court 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 the 8 December 2017. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. An Agreement on how “Plate Money” should operate existed between the Workers and the Company.
2. The Company has ignored the Agreement and not engaged with the Union on resolving the issue.
3. The Workers concerned have given considerable service to the Employer.
RECOMMENDATION:
The Court has given careful consideration to the extensive submission received from the Union in this case. Company Management decided not to attend or to be otherwise represented at the hearing into the dispute.
On the basis of the evidence before it the Court finds that both Management and the Union entered into the 2002 Plate Money Agreement in good faith. The Agreement served both sides well at the time and in the succeeding years. Management sought to change the terms of the Agreement but did not secure Union agreement to those proposed changes. However, it never formally withdrew from the Agreement and accordingly is bound by its terms.
Accordingly, the Court finds merit in the Union’s claim that the terms of the Agreement bind both sides and should be honoured until it is replaced by agreement or through procedures by the parties.
The Court notes that the categories of staff that qualify for a share of the “plate money” under the terms of the 2002 Agreement needs to be brought into line with statutory developments since that date.
With this caveat the Court upholds the Union’s claim and recommends accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
20 December 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.