FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TJX IRELAND UC (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MANDATE MEMBERS (REPRESENTED BY MANDATE TRADE UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Claim for banded hours contract, pay scales and advance notice of rotas.
BACKGROUND:
2. This case concerns a claim for banded hours contract, pay scales and advance notice of rotas.
The Union said that management have continued to ignore the concerns of their staff and have refused to meet with the Union who represent the majority of the staff within the Arklow store.
On the 8 November 2016, the Union on behalf of 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.
- By letter dated 31 January 2018, Ibec on behalf of the Employer informed the Court that it was not attending the hearing.
WORKER'S ARGUMENTS:
3. 1. That TK Maxx Arklow introduce a Banded Hours/Certainty of Earnings arrangement for their staff, reflective of what is currently in existence within retail, or at a minimum one that reflects what is in the University of Limerick Report on Zero Hours Contracts.
2. That TK Maxx introduce a Pay Scale for the members that is reflective of what is currently in place throughout retail and that in doing so the current members will not be negatively impacted financially as a result.
3. The Union is seeking that the current Staff Rota Arrangements that have been introduced by Management i.e. rotas being displayed 2 weeks in advance, are implemented as a minimum. Furthermore, that any changes to said rotas by Management should not be allowed, unless such changes are agreed with staff members at least 48 hours in advance.
RECOMMENDATION:
The Court was advised by the Employers representative body that they would not be attending. In the letter submitted on behalf of the Employer it was stated that the Employer had direct employee engagement processes in place.
Mandate on behalf of the members it represents in the employment identified three issues which it has been unable to process with the Employer or their representative body
1)Introduction of banded hours’ contracts2)Move away from a one point scale to a longer pay scale and
3)Continuation of the process whereby rotas are notified two weeks in advance with the additional caveat that changes should not be made without agreement with the workers at least 48 hours in advance.
The Court notes that the issue of banded hours is currently the subject of draft legislation and would therefore urge the parties to engage at an early stage in relation to this issue.
In relation to items 2 and 3 the Court recommends that the Employer should recognise the Union as the representative of those employees who are in membership of the Union and should engage with it in dealing with employment related matters arising within the employment affecting those members.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
CR______________________
23 February, 2018Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.