LCR22551

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

AURIVO CO-OP
(REPRESENTED BY IBEC NORTH WEST)

- AND -

13 RETAIL STORE DRIVERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1.Retail Store Drivers Rate Of Pay



BACKGROUND:

2.This matter 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 matter was referred to the Labour Court on 21 October 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in a virtual courtroom on 31 January 2021.



UNION'S ARGUMENTS:

3. 1. The Union argues that the rate of pay for drivers is not commensurate to the role they perform for the company. The Union state that their comparators both internally in the company and externally are paid significantly higher rates of pay.

2. The Union state that their members are willing to take on extra duties and responsibilities contained in the Company's new initiative if compensated and the company make an improved payment.

COMPANY'S ARGUMENTS:

4. 1. The company are proposing that each full-time driver could earn up to a maximum of an agreed sum annually for the attainment of specific business improvement metrics.

2. The Employer is willing to make a once off payment to each driver on acceptance of the scheme.

RECOMMENDATION:

The Court has given very careful consideration to the comprehensive written and oral submissions of the parties.

The parties have engaged extensively in the recent period on a range of matters and have achieved a large measure of agreement.

The parties have agreed a framework for the introduction of initiatives which will have a bearing on sustainability and the operation of the transport arrangements involving the members concerned.

The parties are also agreed that the arrangements surrounding implementation of those arrangements should include a scheme with maximum annual payments to drivers based on the achievement of agreed metrics together with a single payment upon agreement as a measure of goodwill and to reflect the extent and history of engagements on the matter. The parties are not agreed as to the amount of either the annual maximum payment or the payment to be made to each driver upon agreement.

In all of the circumstances outlined to the Court by the parties, the Court recommends that the matter should be resolved by implementing a maximum annual payment of €3,300 based on the achievement of agreed metrics and payment to each driver upon agreement of €1,500.

The parties have clarified to the Court the nature of current arrangements in respect of the small number of payments in being in the employment and, having regard to practice in this regard, the Court does not recommend linking the annual payment with wage inflation at this time.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to Sinead O'Connor, Court Secretary.