LCR22712

1.Retrospection of shift allowance increase

BACKGROUND:

2.This matter could not be resolved at local level and was the subject of numerous Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the matter was referred to the Labour Court on 30 August 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 3 February 2023.




RECOMMENDATION:

The Court has given careful consideration to the oral and written submissions made by both parties to this dispute.

The Court notes that the issue in dispute has been the subject of protracted engagement under the auspices of the Workplace Relations Commission.

Taking account of all the circumstances of this case, and in an effort to conclude the matter, the Court recommends that the proposal tabled by the employer at the WRC be amended as follows:

• 
  •The employer pay the 10 workers encompassed by this dispute a once off payment of €3,600 per person.

  •The employer consult with the union to explore if the payment can be made in a tax efficient way.

  •Payment to be made as soon as is practicable following acceptance of this recommendation.

  •The parties accept that this payment reflects the particular circumstances applying to this group of employees and is not precedent setting in respect of any other employees

  •This agreement to be in full and final settlement of the matters in dispute.

	Signed on behalf of the Labour Court
	Katie Connolly
DC	______________________
7 February 2023	Deputy Chairman