LCR22759

1. Scheduled Day For Preventative Maintenance And Application Of Abscence Procedures

BACKGROUND:

2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 21 December 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23 March 2023.

RECOMMENDATION:

The issue in dispute between the parties relates to hours accrued to the Employer. The Workers are on a 39-hour weekly contract but work 3 x 12 hour shifts a week leaving a shortfall of 3 hours. Traditionally this deficit has been worked off, in an ad hoc manner. However, the Employer’s position is that this is no longer capable of meeting operational requirements. The Employer wants to use the hours to cover planned maintenance days which cannot be done on an ad hoc basis.

In the course of the hearing an issue arose in relation to the annual number of hours owed and the Employer’s requirement in respect of same. It was agreed with both parties that they should return to conciliation for further discussions.

The Court recommends that the parties return to conciliation for more detailed discussions.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
24 May 2023	Deputy Chairman