LCR22361

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

HENRY DENNY & SONS LTD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

100 GENERAL OPERATIVES KERRY FOODS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1. Payment For Public Holidays

BACKGROUND:

2. This dispute 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 dispute was referred to the Labour Court on 11 November 2020 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 3 February 2021.

UNION’S ARGUMENTS:

3. 1. The Union is requesting that payment for working a public holiday should be paid at double time plus an additional 8 hours.

2. Payment for a public holiday should be 12 hours pay, when rostered off.

3. Good Friday, in respect to payment, should be treated as a Public Holiday, as here-to-fore

EMPLOYER'S ARGUMENTS:

4. 1. The change in shift patterns was imperative to the needs of the business.

2. The current double payment plan has been implemented for over three years, without any issues being raised until now.

3. The Company requests that the Court find in its favour and reject the Union’s claim.

RECOMMENDATION :

The claim before the Court concerns the payment of public holidays for employees on a 4-shift system. The 4-shift system operated by four crews, working on 12-hour shifts, 36 hours one week and 48 hours the following week, was introduced in 2017 as part of a restructuring exercise within the Company.

When a rostered day falls on a public holiday, they are entitled to 12-hours basic pay and an additional 12-hours pay. The Union are claiming that they should be paid an additional 8-hours pay also, as applied when they worked on a three-cycle, 8-hour shift system. It claimed that for those workers who are rostered off on a public holiday, they should be paid 12-hours public holiday pay for the day.

The Union pointed to the fact that workers in the Company’s Ingredients (Milk Powder) Processing Plant and the Infant Milk Formula Plant also in Charleville are paid double time plus 8-hours when they work on a public holiday and sought the Claimants to be treated in the same manner.

It also claimed that Good Friday should be treated in the same manner as a public holiday for the 4-shift workers. It stated that up until 2017 when the changes came about, Good Friday was always treated as a public holiday in the same manner.

It stated since the restructuring took place in April 2017, the Company has grown the business with a resulting increase in production volumes and manning levels. The Union said that this issue was not addressed in 2017 as part of the restructuring discussions as it was agreed at the time that the issue would be ‘revisited’.

The Company outlined the position which applies to 4-shift workers, as follows:-

Two crews not scheduled to work on the public holiday - are paid 8 hours public holiday pay

One crew scheduled to work 7am to 7pm on a public holiday - 12 hours public basic pay plus 12 hours public holiday pay

One crew scheduled to work 7pm to 7am on a public holiday - 12 hours public basic pay plus 12 hours public holiday pay

Good Friday is a normal working day.

The Company rejected the Union’s claim. Ibec on behalf of the Company, said that they were perplexed as to why the issue has been raised now as the double payment plan on a public holiday has been implemented for over three years. It stated that in line with its collective agreement on restructuring as agreed in April 2017, the issue was revisited in November 2017 and there were no grounds to change the arrangements.

With reference to the practice which operates in the Company’s Ingredients (Milk Powder) Processing Plant and the Infant Milk Formula Plant, management disputed the Union’s contention that those workers operate on a 24/7 basic and said that the terms and conditions of employment were different in that an annualised hours system is in place in those plants.

The Court notes that that the terms agreed as part of the restructuring agreement in April 2017 were agreed in the context of a critical need to ensure the continuance of the Company in Charleville at that time and that agreement included the introduction of a 4-shift system, with the prospect of the issue of how public holidays for those workers would be addressed in the future.

Having considered the submissions of both sides the Court is of the view that the payment of public holidays for those two crews rostered to work on a public holiday should be amended to include an additional 8 hours pay, as claimed by the Union and the Court recommends accordingly.

The Court understands that for those crews rostered off on a public holiday, they are currently paid an additional 8 hours pay for the public holiday, in addition to their normal week’s pay and accordingly is satisfied that they are in receipt of their public holiday entitlement, therefore the Court does not recommend concession of that part of the Union’s claim.

With regard to the claim for public holiday payments to be paid in respect of Good Friday, the Court recommends that this issue should be included in the current pay discussions which the Court was informed are currently ongoing.

The Court so Recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to Orla Collender, Court Secretary.