FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MARKS & SPENCER CORK - AND - MANDATE DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Claim for payment during Storm Emma
BACKGROUND:
2. 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 19 February 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 9 May 2019.
UNION’S ARGUMENTS:
3. 1. The claimants acted responsibly; they heeded the requests made by the National Emergency Co-ordination Group, the Taoiseach and various Government Ministers to stay at home and to stay safe.
2. The claimants contacted the store to inform management that they would not be at work due to the adverse weather conditions.
3. The claimants complied with the Marks & Spencer Management of Attendance Policy which makes provision for an absence reporting procedure if an employee cannot attend work for any reason.
4. The claimants believe that the company acted entirely unreasonably in failing to pay them for any part of their shift particularly as the store closed at 11am and the bulk of their rostered hours were due to be worked after that time.
EMPLOYER'S ARGUMENTS:
4. 1. The staff who were not available to work their shift during the adverse weather were given 4 options to choose from to make up any hours lost.
2. The 13 people to whom this claim relates have been treated exactly the same as everyone else. Management says that it must be fair to the hundreds of other people who came to work on that morning and worked until the store closed.
3.The arrangements that we have in place for numerous years has been acceptable to all involved.
4. Marks & Spencer pay all staff a month's pay in advance, all staff were paid in full as normal during this adverse weather, no one was at any loss of pay at any point.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The matter at issue arises from an unusual but not unique set of weather circumstances in February / March 2018. It is clear that a high premium must be placed upon an employer in such circumstances treating all of its employees in a consistent manner.
The employer has submitted that all staff affected were offered four options in order to deal with an incapacity to attend at work on the day in question. It is submitted that all but the 13 staff members represented before the Court have taken up one of those options.
In all of the circumstances the Court must support the proposition that a consistent approach to all staff is in the interest of good industrial relations and consequently cannot recommend concession of the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CC______________________
27 May 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.