INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Mr Rorke
1. Hearing arising from LCR15573.
2. Labour Court Recommendation (LCR) 15573 issued in June, 1997, and concerned the Union's claim for payment of the final 2 phases of the PCW. At the time, the Company pleaded an inability to pay. The Court recommended that the parties validate the financial figures of the Company and, if they failed to reach agreement, it would issue a definitive recommendation.
On the 12th of January, 1998, the Company paid both outstanding phases of the PCW and the first 2 phases of Partnership 2000. What the Union is now seeking is retrospective payment - 2.5% from January, 1996 and 1% from July, 1996 (both PCW) and 2.5% from January, 1997 (Partnership 2000) - all 3 phases to be paid up to 12th of January, 1998. There are 20 workers involved, and the Company estimates that the total retrospection would be £12,000.
The parties agreed to the rehearing and a Labour Court hearing took place on the 26th of August, 1999.
1. The workers had indicated to the Company that they would accept a phased payment of the retrospection, but this was rejected by the Company.
2. The Company claims that it is having financial difficulties but there has been very little discussion of any details with the staff. The Company has sold off a number of assets recently.
1. Despite severe financial difficulties, the Company paid both outstanding phases of the PCW, and the first phase of Partnership 2000.
2. The Company's financial position is unchanged since the June, 1997, hearing and it remains in a serious loss-making position. If the Court recommended full retrospection, it would have serious implications for the Company.
The Company has accepted it has a liability for the retrospection but claims it cannot pay this at this time.
The Court recommends that this outstanding payment be paid when the financial performance of the Company allows.
This should be reviewed in 12 months from the date of this recommendation.
In the meantime, the parties could try to reach agreement on a figure to buy out the outstanding amount.
Signed on behalf of the Labour Court
14th September, 1999.______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.