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LCR22805

FULL RECOMMENDATION


CD/23/155
RECOMMENDATION  NO.  LCR22805

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES:
MUSGRAVES WHOLESALE PARTNERS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

WORKERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION:

Chairman: Ms Connolly
Employer Member: Mr O'Brien
Worker Member: Ms Tanham


SUBJECT:

1. Non-Payment of €700 Goodwill Gesture, as balloted upon in Pay Agreement concluded in 2022.

BACKGROUND:

2. The Workers referred this case to the Labour Court on 19 May 2023 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 18 August 2023.





RECOMMENDATION:

SIPTU, on behalf of 12 members, referred a complaint 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.

The complaint relates to the non-payment of a €700 goodwill gesture, as balloted upon in a pay agreement concluded in 2022. SIPTU seeks that the Court recommends that the company accede to the request by this group of workers for payment of the €700 goodwill gesture.

A Labour Court hearing took place on 18 August 2023 and was both parties attended.

The Court has given careful consideration to the submissions made.

The Court finds that the group of workers to whom this complaint relates are not encompassed by the 2022 Agreement. It is quite clear that the 2022 agreement applies to hourly paid employees. The workers encompassed by the complaint before the Court are salaried employees.

The Court so Recommends.

Signed on behalf of the Labour Court
Katie Connolly
CDK ______________________
21 August 2023 Deputy Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Coleen Dunne-Kennedy, Court Secretary.