FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : OCS IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - 4 SECURITY OFFICERS (REPRESENTED BY MANDATE) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Mr Hall |
1. Changes to Terms and Conditions of Employment
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 5 September 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 15 November 2019.
UNION’S ARGUMENTS:
3. 1. There is no dispute that the Workers are at a loss by way of the reduction in hours and non-payment of certain premiums, what is in dispute is the amount, in particular the amount in relation to the reduction in hours.
2. The Union believes their Members have been more than reasonable with OCS.
3. The Union has proposed that the Company would pay the difference between what they believed they owed each member and what their members are owed.
EMPLOYER'S ARGUMENTS:
4. 1. The Company, in compliance with the TUPE regulations, honoured the information provided to them upon transfer and paid the Complainants a composite rate of pay to include Sunday premium and night allowance.
2. The Workers did not raise any concerns about this until 3-4 years later at which point the Employer engaged with them and removed the composite rate to pay a basic hourly rate and separate Sunday premium and night allowance.
3. The Employer is more than willing to compensate the Workers, as per their own figures, for the financial loss suffered as a result of reduced trading hours.
RECOMMENDATION:
The issue in dispute relates to the terms and conditions of employment of 4 security guards and in particular the failure of the Employer to pay night premium, Sunday premium and the reduction in contracted hours. The claim refers to a specific two-year period. An offer was made by the employer but was rejected by the parties. The Court having read the parties submissions and listened carefully to the oral submissions on the day recommends that the Employer pays the sum of €23,000 to be divided between the four workers and a 2% pay increase from 1stJune 2019 in line with the Employer’s original offer. These payments to be in full and final settlement of these issues.
The Court so Recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
MK______________________
25 November 2019Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.