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FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WATERFORD CARPETS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Geraghty Employer Member: Ms Connolly Worker Member: Mr McCarthy |
1. The return to a full working week
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Trade Union on behalf of its members, who are working a three-day week and wish to return to a five-day week. The dispute was previously heard by the Labour Court on 29 January 2019 and was the subject of Labour Court clarification letter to the parties in which the Court advised the parties to return to the Workplace Relations Commission and that, in the event the dispute was not resolved fully, the parties were advised that they could refer any outstanding issues back to the Court for a definitive recommendation.
Subsequent to the issuing of the clarification letter, the parties engaged in a Conciliation Conference held under the auspices of the Workplace Relations Commission. However, the parties could not reach agreement and the issues surrounding the return to working a five-day week remained unresolved.
On 4 April 2019 the parties referred the case back to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 4 June 2019.
RECOMMENDATION :
Recommendation
At the first hearing before the Court it was established that one area of potential agreement had not been explored, either in direct discussions or at the Workplace Relations Commission, (WRC). Accordingly, the Court suggested to the parties that they return to the WRC for further discussions.
The discussions at the WRC did not result in agreement and the matter was referred back to the Court. In the course of the resumed hearing, some new information regarding the possibility of growing the business emerged. The parties agreed to engage further in the hope of achieving resolution and it was noted that either party could refer the matter back to the Court through the normal processes under the Industrial Relations Act, should this engagement fail to bring the matter to a mutually satisfactory conclusion.
Signed on behalf of the Labour Court
Tom Geraghty
CR ______________________
10 June, 2019 Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.