INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
TESCO IRELAND LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION (PORTLAOISE)
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION (LONGFORD)
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Pay and conditions and business changes.
2. The Court investigated the above dispute on the 12th of November, 1999. The following is the Court's recommendation.
The Court has given careful consideration to the written and oral submissions of the parties. Due to the difficulties which arose in the negotiating process when the Company were embarking upon major restructuring, the Court recommends that in future all negotiations at national level in the Company should take place under the auspices of an agreed independent chairperson. Attempts are being made to develop a new era of partnership and progress between the Company and the Unions, the Court recommends that this principle should be embraced in these and all future negotiations.
The Court is conscious that these claims are predicated on a series of negotiations that took place over many months culminating in the set of proposals as contained in Appendix 10 of the Company's submission. The following recommendations should be considered for acceptance in the overall context of the Company's proposals, as appropriately amended: -
The Court notes that the Company has proposed to introduce a two tier pay structure to replace the 42 different pay rates which have applied until now. The Court recognises that this is significant progress in one move. The Court recommends that these new rates should be accepted. In addition, the Court recommends that the remaining two tier structure should be reviewed in October 2001, at which point the parties should re-assess the situation.
Wage Round Dates
The Court recommends that wage rounds dates should be adjusted so that the latest date for the application of the third phase of Partnership 2000 in the six stores should be deemed to be from 1st May 1999.
Unsocial Hours/Shift Payment
The Court notes that an agreement on unsocial hours was concluded in 1997, the Court sees no justification for changing this agreement at this time .
The Court accepts that the principle of being paid overtime for time worked beyond the normal day is an absolute one. It was indicated to the Court that some employees have an arrangement to extend their lunch hours and work up their time during the grace period. These arrangements should continue where they exist. The Court endorses the requirement for overtime to be paid for any time in excess of normal hours at shop closing time. The Court recommends that it be paid to the nearest 15 minutes above.
Hours of Work
The Court does not recommend a change in the hours of work from 39 hours per week.
Sick Pay Scheme
The Court notes that the Company has offered to increase and harmonise sick pay arrangements by the introduction of a service related sick pay scheme for all full time and part time employees. This scheme will yield 10 weeks normal pay less social welfare after 10 years service. The Court recommends that this offer should be accepted by the Union.
The Court recommends that the pension scheme should be jointly reviewed by the parties under the auspices of an agreed independent pension expert.
The Court notes that the Company has offered to increase pension benefits by 3% of Consumer Price Index whichever is the lowest.
A Profit Share scheme is associated with the Group and as such the parties should discuss how a scheme could be implemented in the Company.
Signed on behalf of the Labour Court
19th November, 1999______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.