FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RENTOKIL INITIAL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Hearing Arising From LCR21255
BACKGROUND:
2. On 1 April 2016 the Union 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 14 June 2016. The Employer did not attend the hearing. Labour Court Recommendation No: LCR21255 subsequently issued to the parties on 22 June 2016.
As provided by LCR21255 the Union referred the claims back to the Court for a definitive recommendation by way of letter dated 13 December 2016. A Labour Court hearing took place on 14 March 2017. The Employer did not attend this hearing, and informed the Court that it would not be attending the hearing by correspondence dated 7 March 2017, which was received by the Court on 9 March 2017.
UNION’S ARGUMENTS:
3. 1. The Union is seeking a cost of living salary increase of 5% for 2015, 2016, and 2017.
2. The Union is seeking the restoration of a €79.00 monthly meal allowance which was removed by the Company. The Union is seeking the reinstatement of this allowance back to 1 May 2015.
3. The Union is also seeking the reinstatement back to December 2014 of a Christmas bonus of two weeks' pay.
RECOMMENDATION:
In Labour Court Recommendation, the Court LCR21255, the Court issued a recommendation under Section 20(1) of the Industrial Relations Act 1969 concerning the Union claims for (i) pay increases; (ii) restoration of a Meal Allowance and (iii) restoration of a Christmas Bonus. The Court recommended as follows:-
- “within a period of four weeks from the date of this Recommendation the Company should re-engage with the Union to resolve matters, if no resolution can be agreed or if the Company do not abide by this Recommendation within that timeframe then the claims may be referred back to the Court for a definitive Recommendation.”
As there was no engagement by the Company on the issues involved, the Union referred the claims back to the Court for a definitive Recommendation.
The Company did not appear before the Court to outline its position on the Union’s claims.
Having considered the matter at this stage, the Court makes the following recommendations:-
- Pay
The Court recommends that the Company should apply the following increases to basic pay: 2% from 1stJanuary 2017 and 2% from 1stJanuary 2018.
Meal Allowance
The Court recommends that the parties should negotiate a replacement subsistence benefit which is complaint with Revenue regulations. This payment should be paid with effect from 1stMay 2017.
Christmas Bonus
The Court recommends that the Company should pay a Christmas Bonus of one week’s basic pay with effect from December 2017.
Balance of the Union’s Claim
The Court recommends that both parties should engage, at an early date in negotiations on the remaining aspects of the Union’s claim.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
20 March 2017______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.