This website contains decisions and determinations of both the Labour Court and the WRC. It also contains decisions and recommendations of the Equality Tribunal since 1996 and post 2007 determinations of the Employment Appeals Tribunal. For more information click here

  Return to Search

LCR22822

FULL RECOMMENDATION


CD/23/128
CCCAM-100290-23
RECOMMENDATION  NO.  LCR22822

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990


PARTIES:
SHANNON FOYNES PORT COMPANY
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

30 MIXED GRADE EMPLOYEES
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION:

Chairman: Mr Foley
Employer Member: Mr O'Brien
Worker Member: Mr Bell


SUBJECT:

1. Pay Claim For 2023

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 the 28 April 2023, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5 September 2023.





RECOMMENDATION:

The Court has considered carefully the written and oral submissions of the parties.

The parties have engaged extensively but have failed to find agreement on a rate of pay increase to apply as a successor agreement to the agreement which expired on 31st December 2022. The Court notes that an offer earlier made by the employer has been accepted by a majority of employees.

The parties have provided comprehensive written and oral submissions to the Court. Having regard to all of the circumstances set out in those submissions the Court recommends as follows:


  • • That the parties should conclude a one year pay agreement to take effect from 1st January 2023 and to expire on 31st December 2023. That agreement to provide for an increase of 4.25% to have effect from 1st January 2023.

    • That a tax-free voucher payment consistent with Revenue rules in the amount of €500 should be made to each worker (who has not already received such a payment as part of the 2023 wage round) as soon as practicable after conclusion of the 2023 pay agreement.

    • That the parties should agree that any claim for service days should be considered as part of the engagement between the parties in their attempts to agree a successor agreement to the 2023 pay agreement.

    • That the parties should reflect on the pathway of negotiations in relation to the 2023 agreement and the history of such engagements in the employment with a view to ensuring that any engagements in relation to future agreements are conducted in a constructive manner.


The Court so recommends.

Signed on behalf of the Labour Court
Kevin Foley
CO'R ______________________
18 September 2023 Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.