FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GROSVENOR SERVICES LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Geraghty Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Moving payroll from weekly to fortnightly pay without consultation following a transfer of undertakings.
BACKGROUND:
2. This dispute concerns a claim for compensation by SIPTU Members at Dundalk Institute of Technology for the inconvenience of being moved from a weekly pay cycle to a fortnightly pay cycle following a transfer of undertakings from ISS to Grosvenor Services Ltd on 1st August 2018.
This dispute could not be resolved at local level and was the subject of Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 13 March 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 10 May 2019.
UNION’S ARGUMENTS:
3. 1. The Union argued that there was hardship caused to its members by the move.
2. The Union argued that the change amounted to a change in conditions of employment for the workers concerned.
3. The Union sought two weeks' wages as compensation for their members for the inconvenience caused by the move.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer argued that they would assist in any hardship cases but no evidence of such was provided.
2. The Employer argued they were not in a position to offer compensation as the workers would see no financial loss due to the change but offered interest free loans and vouchers valued between €50 and €250 to each worker, based on hours worked, as a gesture of good will.
RECOMMENDATION:
The Court notes the positive steps taken by the Employer to assist in the resolution of this matter. The most significant element of these attempts is the offer of vouchers to the staff affected, ranging from €50 to €250 per person depending on weekly hours worked. This was in addition to an offer of interest free loans and an offer to assist with any cases of hardship identified to the Employer.
In order to reach full and final settlement in the dispute between the parties, the Court recommends that the offer of vouchers be increased by €50 per person.
Signed on behalf of the Labour Court
Tom Geraghty
FMc______________________
22 May 2019Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fiona McCarthy, Court Secretary.