FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ELECTRO AUTOMATION (REPRESENTED BY ESA CONSULTANTS) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Ms O'Donnell |
1. Pay & Pay Restoration.
BACKGROUND:
2. This dispute concerns Pay and Pay Restoration in Electro Automation Limited. 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 1st February, 2017, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th March, 2017.
UNION'S ARGUMENTS:
3.1. The Company is financially stable and in a position to restore our members pay and indeed make a pay increase in line with industry norms.
2. Our members have and had a reasonable expectation that they would be rewarded for the contribution they agreed to make by the 15% pay cut in the interests of securing the future of the business.
COMPANY'S ARGUMENTS:
4.1. The Company has made a legitimate and fair offer in line with other companies in the Irish market.
2. The Company is desirous to reach an agreement but it must be realistic.
RECOMMENDATION:
Having given careful consideration to the extensive submissions of both sides the Court finds as follows
Pay Round
The Court recommends that the Company offer as set out in the submission to the Court be accepted by the Union
Pay Restoration
The Court finds that the Union’s claim for a phased restoration of the pay cuts imposed on the staff in 2012 is reasonable and should be addressed by the Company over the coming years in the context of its improving trading performance.
To that end the Court recommends that the parties engage on this matter with a view to reaching agreement on a process of pay restoration over a defined period in the context of the Company’s improving trading performance. Should the parties fail to reach agreement on any matter at issue between them, including the timing and amount of the first phase of pay restoration, the matter should be referred back to the Court no later than October 31st2017 for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CO'R______________________
17 May 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.