FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION UNITE DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Removal from Porters of Shift Allowance and Reduction of Daily Pay From 12 To 11 Hours.
BACKGROUND:
2. This dispute concerns the withdrawal of porters shift allowance and the removal of paid breaks. 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 14th November, 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd March, 2017.
UNION'S ARGUMENTS:
3. 1. No consultation took place with the Unions before the removal of shift pay and paid brakes.
2. The workers involved have received shift pay and paid breaks since commencing employment.
3. There was no agreement in place to exclude this group from the shift pay and paid breaks arrangements agreed with the Union..
COMPANY'S ARGUMENTS:
4. 1 The agreement in 2011 was effectively the elimination of the shift allowance and the paid break for new staff.
2. The agreement included a red circled arrangement for a named list of employees.
3. This dispute is the result of a payment in error of shift allowance and paid break to a number of staff. Once the error was discovered, the payments ceased and management did not seek recovery of the overpayment.
RECOMMENDATION:
Having given careful consideration to the submissions of both parties to this dispute the Court recommends that the five named porters be included in the “red circle” list for the payment of breaks and shift allowance.
No other porter comes within the scope of this recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
16th March 2017______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.