FULL RECOMMENDATION
PARTIES : MORRIS'S DIY & BUILDERS PROVIDERS DIVISION :
SUBJECT: 1.Pay Claim 2. The Union argues that the tradition of staff being off between Christmas and New Year should be maintained and that the stock-take should take place on 23rd December as it has in the past. 3. The Union accepts what is outlined in the Employee Handbook but states that it doesn't say what date in December the stock-take should take place.
2. The Company says that these agreements allow for the staff to work on the Stock take between Christmas and the New Year as the agreement acknowledges the rights of management to "manage its business", "to schedule work in the most efficient manner and to assign employees" and "to alter/change working hours". 3.The Company also says that the Employee Handbook states that "all employees must be available for stocktaking which takes place twice each year, generally in June and December."
Union’s submission The Union submitted that following the expiry of the last pay agreement on the 31stMarch 2021 they were looking for increases totalling 9% over three years. They were also seeking an increase in the annual bonus to €1,500 for workers with over 10 years’ service and €1,000 for worker’s with less than 10 years’ service. They were seeking an increase in the employer’s pension contribution of 2% and an additional service day for Worker’s with over 20 years’ service. The Union submitted that while some progress was made at conciliation the main stumbling block was the Employer’s requirement that staff be rostered for up to two consecutive days during the period 27thto 30thDecember inclusive to carry out a stock take. It is the Union’s submission that traditionally for most of these Worker’s the business closes on the 23rdDecember and that they are required to take annual leave to cover the period until the 2ndJanuary not covered by Public Holidays. It is their submission that traditionally they did a one day stocktake on the 23rdDecember. The Employer is now seeking to have a two-day stocktake done in the period where the Worker’s traditionally took annual leave. The Union is prepared to agree to a one- day stocktake during the period identified by the Employer and to commit to ensuring the stocktake is completed on that day, but they are not prepared to have members rostered for two days during that period of time. The Union noted that management are seeking to rely on the staff handbook and an existing collective agreement. However, those documents were agreed at a time when the financial year ended in June. Employer’s submission The Employer submitted that it had been significantly impacted by Covid and had made an initial pay offer of 1% but it could not concede the other elements of the Unions claim. It is the Employer’s submission that when they were in discussions an issue arose about the December stocktake. The Company had changed its financial management and had aligned its financial year with the calendar year. This meant they would have to do an audited stocktake as close as possible to the end of the financial year. The stocktake needed to take place when the business was not operating at full capacity to ensure the accuracy of same and that is why it could not be done earlier in December. It was their submission that the stocktake needed to be done on two consecutive days to ensure a high level of accuracy and while some areas like the yard might get it done in one day other areas would take longer. They submitted that if for example the stocktake in the yard was completed on day one then the staff assigned to that stocktake would not be required to attend on the second day. It is the Employer’s submission that last year because of the way the public holidays fell the stocktake was done on a Saturday and Sunday the 2ndand 3rdof January 2021 which was at the end of what is being referred to as the traditional Christmas break. The Employer stated that there were no objections at that time, or even following on from that stocktake regarding having to come in over the Christmas break to do it. This year the business will be back operating fully on Monday the 3rdJanuary 2022, so it is not possible to do a stocktake on that day. The Employer in order to progress the issue increased its pay offer and as a final offer put forward the following pay proposal to be effective from 1stApril 2021 to 31stMarch 2024. 2021 3% pay increase €500 voucher plus €500 payment for workers with 10 years plus service. €500 voucher for workers with 1 to 10 years’ service. 2022 eighteen months later 3% pay increase €500 voucher 10 plus years €250 voucher 1 to 10 years 2023 €500 voucher 10 plus years €250 voucher 1 to 10 years This enhanced pay arrangement in particular the plus payment in 2021, was in recognition of the requirement to allow the stocktake be done at the optimal time between the 27thand the 30thof December and was a one-off payment. The Employer sought to have the Court decide that any decision it would make in respect of the two days stocktake would be binding on the parties. However, they accepted that this had not been discussed at conciliation and did not form part of the joint referral. Discussion The Court notes that the parties have made progress on the pay claim at conciliation and recommends as follows: From 1stApril 2021 to 31stMarch 2024. 2021 1st April 2021 3% pay increase €500 voucher for workers with 10 years plus service €500 voucher for workers with 1 to 10 years’ service. 2022 1stOctober 2022 3% pay increase €500 voucher for workers with 10 plus years €250 voucher for workers with 1 to 10 years 2023 €500 voucher for workers with 10 plus years €250 voucher for workers with 1 to 10 years In respect of the Unions Claim and the Employers proposal re pension contributions and the Unions claim in respect of an additional day’s annual leave for Worker’s with over 20 years’ service, the parties should re engage either locally or with the assistance of the WRC if it cannot be resolved locally. The Court notes the submissions of both parties in respect of the stocktake. It was not disputed that last year which was the first year that the financial year ended in December, that the stock take had happened over two days. The Court notes the Employer’s commitment to ensure the stocktake is done in a timely manner and that staff will not be required to stay on or come in a second day if the part of the stock take that they are involved in is completed. The Court also notes that the Worker’s part took in the stocktake last year. Without prejudice to any contractual requirements that may exist and in acknowledgement of the fact that the changing of the financial year to December has meant the requirement for a two day stocktake has shifted from June to December. The Court recommends that the Worker’s co-operate with the stocktake and further recommends the following once off payments, for staff with 10 years plus service a one-off payment of €1,500 and for staff with 1 to 10 years’ service a once off payment of €1,000. These payments to be made as soon as possible after the stocktake is completed. The Court so Recommends.
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