LCR22908

SUBJECT:

Pay Claim. 

BACKGROUND:

This dispute could not be resolved at local level and was the subject of a number of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred by the parties to the Labour Court on 4 December in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 15 January.

RECOMMENDATION:

Background

This case was previously CD/23/68.  A Labour Court hearing was held on the 27th March 2023 at which the Court engaged with the parties both collectively and individually in respect of identifying a pathway to address all the issues identified in both the Union’s and the Employer’s submission. In the course of that engagement the Employer indicated that they were prepared to make a further increase of 0.75% in pay, back dated to 1st February 2023 subject to all outstanding issues as identified by the parties in their submissions being processed to conclusion in one process and on a time bound basis.  This proposal would preclude any further flat rate pay increase for the period up to 31st January 2024.

The Union indicated to the Court that subject to strict time limits and a route back to the Labour Court for any outstanding issues at the end of the defined period they were prepared to work with this as a way forward. The Court having considered all the issues raised by both parties recommended that the parties contact the WRC with a view to having all the issues addressed under the auspices of one Conciliation Officer and that both parties engage in constructively resolving the issues in dispute, no later than the 30th June 2023. The Court confirmed that any issues outstanding at the end of that period could return to the Labour Court for a recommendation. At that time both parties agreed to proceed on that basis. The parties contacted the Court in July 2023 looking to extend the time as they were making progress at the WRC. Further correspondence was received in September 2023 advising that a proposal had been put to ballot. The proposal was rejected by the Union members. The parties re-engaged with the WRC in November 2023, and it was agreed to refer the matter back to the Labour Court. A hearing was scheduled for Monday 15th January 2024. At that hearing, both parties acknowledged that good progress had been made at conciliation, and the main difference between them lay in the proposed pay increases. The Court having read the parties submissions and engaged with the parties both collectively and individually, recommends that the proposal of 4th September 2023 at paragraph 2 be amended as follows.

Pay Increases

1st February 2024- 4% 1st February 2025- 3.25% All other sections of that proposal to remain as is.

Noting that the parties have made significant progress on a lot of outstanding issues under the auspices of the WRC, the Court believes these proposed changes to the proposed pay increases, should  resolve the dispute between the parties and allow for the implementation of the package  as set out in the 4th September proposal as a whole.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
22 January 2024	Deputy Chairman