FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KERRY FOODS, CHARLEVILLE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Payment during Storm Emma.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of approximately 50 Plant Operatives employed at the Charleville manufacturing facility. The dispute relates specifically to the Union's claim that its members suffered a financial loss when they were unable to attend work during Storm Emma in March 2018.
The Union on behalf of its members contends that the Workers were forced to stay out of work when the Employer took the decision to cease production during the adverse weather conditions. The Workers suffered a loss of income as a result.
The Employer, in attempting to alleviate the financial loss suffered by the Workers, offered a voucher as a gesture of goodwill.
The 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 11th March, 2019, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th July, 2019.
The following is the Recommendation of the Court:
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
The Court notes the history of the matter and the fact that it relates to events which occurred over a year ago.
The Court notes that the employer intends to develop a policy to apply in the future which will apply to incidents where severe weather impacts on the operation of the business and that the employer intends to discuss this matter with the Trade Union in the normal way in due course.
The Court’s recommendation in this matter should be understood as an effort to achieve resolution of this particular trade dispute without creating broader implications or suggesting policy which should apply in the context of severe weather into the future. The Court does however note the impracticality of making separate arrangements into the future on the same site for staff who are party to a single collective agreement and who function as a single bargaining unit for all major site- wide negotiations.
In all of the circumstance the Court recommends that the offer of the employer should be adjusted so as to provide for payment of vouchers to affected staff as follows:
•Staff affected for one 12-hour shift - €130.00•Staff affected for one and a half 12-hour shifts - €195.
The above arrangement to apply to all affected staff including those who availed of annual leave during the closure period.
The Court also recommends that the Trade Union should have input in the normal way to the process of development of a policy on severe weather.
The Court so recommends.
Signed on behalf of the Labour Court
17th July 2019______________________
SCKevin Foley
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.