FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS 1946 TO 2015 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: KOSTAL GMBH (REPRESENTED BY IBEC) AND A WORKER (REPRESENTED BY SIPTU) DIVISION:
SUBJECT: Complaint under Section 20(1) of the Industrial Relations Act, 1969. On 25 July 2023 the Worker referred this dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court’s Recommendation. RECOMMENDATION: Background to the Dispute The Worker has been employed by Kostal Ireland Gmbh (‘the Company’) at its plant in Abbeyfeale, Co. Limerick for almost forty years. For most of that time, the Worker was paid by cheque. The Company employs almost one thousand people across its two plants in Ireland; the second plant is in Mallow, Co. Cork. In 2000, the Company initiated a process to pay employees by credit transfer rather than by cheque. This process culminated in referral to the Labour Court. In LCR16468, dated 28 March 2020, the Court recommended as follows: “The Court recommends that Pay Path be introduced for all staff not currently availing of this facility. The £500, proposed by the Industrial Relations Officer, as a once-off lump sum payment to each employee currently paid by cheque, should be increased to £750.” It appears the Worker was one of a group of three workers who did not accept the Court’s Recommendation. The Company continued payment to this group of workers by cheque until shortly after the outbreak of the Covid-19 pandemic. At that time, the Company’s plants were shut down and the three Workers, and their trade union representative, were advised that they would be paid by credit transfer for that reason. That method has continued since then. The Worker is seeking in the within referral a Recommendation from the Court that the Company should resume payment of her wages by cheque. The Company did not appear at the hearing of this matter. Discussion and Recommendation The Court in this case, reiterates the Recommendation of the Division that issued LCR16468 i.e. that all staff employed by the Company be paid by credit transfer (‘Pay Path’). Therefore, the Court does not recommend concession of this Worker’s claim. The Court so recommends.
NOTE Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary. | ||||||||||||||||||
