FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HENRY DENNY & SONS LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - 100 GENERAL OPERATIVES (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION :
SUBJECT: 1.Differential in Hourly Pay Rate Between Team Leader & General Operative Grade Union position In November 2019 the Team Leader Group received an increase of €1.20 in their hourly rate which widened the pay differential that existed between that group and the Operator group. The Team leader role was created in 2012 and at that time the differential between the Operator and the Team Leader was sixty-one cents. The Union has sought to have the increase applied to the Operators so as to restore the differential to sixty-one cent. It is the Union’s position that the pay gap between Team Leader and Operator should be maintained at sixty-one cent. The Union noted the Employer’s submission that there had been changes to the role of Team Leader, but it was their position that there had also been changes to the Operator role. In engagement with the Employer the Union had looked for a Job Evaluation/ Job Comparison exercise to be carried out, but the Employer would not agree to that. The Union believe that the pay differential that previously existed should be restored back dated to January 2020 when the matter was formally raised with the Employer. Employer’s position It is the Employer’s position that there never was a pay link between the grades. In 2012 when the Team leader grade was created the rate was settled on following a look at similar roles in other companies within the Kerry Group. There was no engagement or agreement at the time with the Union in respect of the rate of pay for the new role. In 2017 the Employer reconfigured the Operator grades with all operators moving to the Grade 7 rate of pay. This resulted in approximately fifty per cent of the operators getting a pay increase. In 2019 the Employer completed their Optimization Programme and the role and responsibility of the Team Leader changed significantly. The role with the additional responsibilities was benched marked using Kerry Group Benchmark Data and that is how the new rate was arrived at. The Employer does not accept that at any time there was a pay link between the Team Leader and Operative grade. Discussion The issue the Court is asked to make a decision on relates to whether there was an established link between the rate of pay of an Operator and a Team leader such that a differential that could be relied on, existed. The fact of a difference of pay between the grades is not in and of itself sufficient to demonstrate that a pay link existed. It was not disputed that at the time the Team Leader posts were introduced there were no negotiation or agreement with the Union in respect of the rate of pay for the Team Leader and or how it would relate to the Operator grade. No documents were provided to the Court to demonstrate that a pay linked existed or had evolved over time. On that basis the Court cannot recommend concession of the Unions claim for reinstatement of the earlier pay differential between Team Leaders and Operatives. The Court so recommends.
NOTE Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary. |
