INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
MUSGRAVES CASH & CARRY
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Re-hearing arising from LCR16803.
2. The dispute was before the Court on the 18th April, 2001. In its Recommendation LCR16803, which issued on the 2nd of May, 2001, the Court recommended as follows:-
- " The Court is concerned that there appeared to be a lack of clarity on the specific issues before it.
A number of positions were outlined at the hearing, including a Union position that had not been considered by the Company.
Given the above,the Court recommends that the parties enter into discussions to try and reach agreement. If they fail to do so, they can refer the areas of disagreement to the Court for consideration."
The current dispute concerns overtime worked at Christmas and during stocktaking. The Union argues that this is "regular and rostered" overtime and should be included when calculating holiday pay.
The Company rejected the Union's claim.
Following discussions at local level, both sides agreed to refer the issue of overtime, and how it should be computed for holiday pay, back to the Court for a definitive recommendation.
2. Employees are bound by their contracts of employment to work a reasonable amount of overtime. Overtime worked during stocking is compulsory while at Christmas the late opening and extra weekend opening must be covered and overtime payments for this should be included in the calculation of holiday pay.
3. The exclusion of Christmas/stocktaking overtime deprives employees of a higher average of holiday pay during annual leave.
2. The extension of "regular and rostered overtime" to periodic events such as Christmas or stocktaking is unsustainable.
3. It is disingenuous of the Union to say that the use of the wording "regular and rostered overtime" in the Company handbook includes Christmas, stocktaking other related overtime requirements.
4. The Company has offered a very generous pay increase above the terms of the Programme for Prosperity and Fairness (P.P.F.).
5. The claim is contrary to Company policy as well as being outside the scope of the Organisation of Working Time Act, 1997.
At the rehearing, it was clear that the parties in their discussions had made significant progress.
The issue outstanding and before the Court relates to the interpretation of regular and rostered overtime to be included in Holiday Pay.
The Court, having considered the written and oral submissions, and taking into account the progress made, recommends that the Company proposals on regular and rostered overtime be accepted by the employees.
In return, the Company should agree to these proposed payments being back dated to the date of publication of Staff Handbook, 1st Quarter 2000.
Signed on behalf of the Labour Court
13th September, 2001______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.