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2003

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LCR17399

FULL RECOMMENDATION

CD/02/479
RECOMMENDATIONNO.LCR17399
(CC01/3249)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
LISLYN RETAIL LIMITED / ELECTRIC WORLD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

AMALGAMATED ENGINEERING AND ELECTRICAL UNION


DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr. Somers
SUBJECT:
1. Implementation of Programme for Prosperity and Fairness (P.P.F.) terms


BACKGROUND:

2. The dispute before the Court concerns a claim by the Union on behalf of its members for the non payment of increases outstanding under the Programme for Prosperity and Fairness (P.P.F).
The following phases of the National Agreement were not paid to the employees:

5.5 % from April, 2001
2% from April, 2002
1% lump sum from April, 2002
4% from April, 2002

The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement could not be reached, the dispute was referred to the Labour Court on the 9th of September, 2002.

On the day of the Labour Court hearing the Company made it known to the Court that the Galway outlet had ceased to trade with effect from the15th of January, 2003.


UNION'S ARGUMENTS:

3. 1. The Company mismanaged the store and had always planned its closure.

COMPANY'S ARGUMENTS:

4. 1. The Company has pleaded inability to pay the terms of the Programme for Prosperity and Fairness (P.P.F.) because of trading losses. (Draft audited accounts for the year ended 31/03/2002 were supplied to the Court).



RECOMMENDATION:

The Company forwarded financial information to the Court in support of its claim of inability to pay the terms of the P.P.F. Whilst the information provided indicates that the Company has not been trading profitably, it is not sufficiently comprehensive to definitively establish inability to pay the terms of the agreement.

It is noted that the Company has ceased trading and that the staff are being made redundant. In the circumstances the Court recommends that the claim now before the Court be discussed between the parties in the context of negotiations on redundancy terms.



Signed on behalf of the Labour Court




February, 2003______________________
CMCMKevin Duffy
Deputy Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Carmel McManus, Court Secretary.




 
 
 
 
 
 
 
 
 

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