INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
NOVUM OVERSEAS LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Appeal against Rights Commissioners Recommendation IR 5512/01/TB, concerning rate of pay.
2. Novum Overseas Limited manufactures refrigeration products, namely commercial freezers and ice cream cabinets, primarily for the export market.
The worker is employed by the Company in the stores department as a general operative. The Union claims that for the past two years the worker has been carrying
out the duties of a Warehouse Co-ordinator and is seeking the appropriate rate for the job. It claims that the rate of ‘leading hand’ should be applied and not that of ‘repair rate’. The Company claims that the exigencies of the job do not justify the 'leading hand' rate but is prepared to accept the Rights Commissioner’s recommendation.
- The Union referred the matter to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 3rd May, 2002, as follows:
“It is agreed that the claimant is doing an excellent job and that his level of responsibility merits a premium payment.
- I recommend that he be formally recognised as the warehouse coordinator continuing in his present role and carrying out his present duties. His rate of pay should be increased to that of repair rate and should be effective from the first of May 2001.”
- The Union appealed the recommendation to the Labour Court on the 30th May, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20th August, 2002, the earliest date suitable to both parties.
3. 1. The Company acknowledge that the worker is doing an excellent job.
2. The worker has always been co-operative and has never refused to carry out any additional duties. The worker understood that the company would recognise his positive and responsible attitude and review his position accordingly.
3. The Union claim that the level of responsibility is more appropriate to that of leading hand.
4. 1. The administration of the area does not justify an increase of the magnitude claimed.
2. The implication of designating this position from general operative to that of leading hand would have significant and unsustainable knock-on effects across the Company.
3. The previous Warehouse Co-ordinator was paid the general operative rate.
4. The Company has met all commitments under the terms of the Programme for Prosperity and Fairness (PPF).
5. The changes which have occurred are in line with normal business flexibility and change as set out in the National Wage Agreements, which the Company is committed to upholding.
The Court having considered all the information supplied by the parties is satisfied that the Rights Commissioner's Recommendation is the appropriate solution to this dispute.
The Court, therefore, rejects the appeal and upholds the Rights Commissioner's Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
30th August, 2002______________________
Enquiries concerning this Decision should be addressed to Caroline Hayes, Court Secretary.