INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. 2% payable under Clause 2(iii) Partnership 2000, Claim for compensation for loss of earnings suffered as a result of the withdrawal of overtime, production bonus.
2. The dispute concerns 11 union members employed as General Operatives by the Company in Connamara. The Company , which processes seaweed , is 51% state owned with its remaining 49% owned by a Scottish Company. Negotiations with local Management failed to resolve the issues and the case was referred to the Labour Relations Commission. The case was heard at the Labour Relations Commission in accordance with Section 26(1)(a)(b) of the Industrial Relations Act, 1990 on 15th August, 2001 but as the case could not be advanced further the Trade Union requested that it be referred to the Labour Court. A Labour Court hearing took place on 31st January, 2001.
3. 1. The workers suffered a significant decrease in their earnings since the withdrawal of overtime in 1998.
2. The Bonus scheme was introduced shortly after the dryers were up-graded, however, difficulties arose that were beyond the control of the workers and as a result it was impossible to benefit from the bonus scheme.
3. The Company has not fully applied the terms of Partnership 2000. Outstanding is 6 months of the 2% increase provided for in Clause 2 (iii) and the 1% contained in the last phase due since 1st October 2000.
4. 1. As a result of its financial situation, the Company is unable to pay compensation for the loss of overtime.
2. The type of business the Company is involved in has always proved volatile and the Company is not immune to adverse changes in the market conditions.
3. The Company has always treated its employees fairly and despite trading difficulties, has honoured all National Agreements and compensated workers for any delay in payment.
The Court having considered the three issues in dispute finds as follows:
12% Partnership 2000
The Company indicated at the hearing that 1.5% had been given to the employees on the day before the hearing. They had been paidmore than the required level of payment in the P2000, to compensate for the late payments. Given this situation the Court makes no recommendation on this issue.
2Compensation of loss of overtime
The Court is satisfied that the employees are entitled to be compensated for the significant loss of overtime suffered from 1998. The Court recommends that the employees involved be compensated 125% of the total annual loss.
The Court recommends that the parties meet to discuss possible modifications of the Bonus Scheme, in order to meet the aspirations of both sides.
Signed on behalf of the Labour Court
12th February, 2001______________________
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.