INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY SMITH O'BRIEN HEGARTY SOLICITORS)
- AND -
A GROUP OF WORKERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Introduction of a Sick Pay and a Pension Scheme.
2. The Company employs approximately fifty workers at its plant in Watergrasshill, Co. Cork.
The dispute before the Court concerns a claim by the Union on behalf of these workers for the introduction of a Sick pay and a Pension Scheme. The issue was referred to the Labour Court on the 16th of July, 2002, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th of December, 2002, the earliest date suitable to the parties. The Union agreed to be bound by the Court's recommendation.
3. 1. There are Sick Pay and Pension Schemes in existence within the industry as a whole.
2. Over the years the workers have contributed to the Company's success and they have been flexible whenever required.
3. The claim for a Sick Pay Scheme of six weeks' full pay and six weeks' half pay for anyone with more than twelve months' service plus a defined contribution Pension Scheme is not unrealistic.
4. 1. The workers concerned were fully aware when they commenced employment with the Company that neither a Sick Pay Scheme nor a Pension Scheme formed part of their terms and conditions of employment.
2. There are serious difficulties with unauthorised absences within the Company which would have implications for the operation of a Sick Pay Scheme.
3. Due to the financial cost, the Company cannot introduce either a Sick Pay Scheme or a Pension Scheme at the moment, any extra costs would cause major operational difficulties.
Having considered the submissions of the parties the Court can see no compelling reason why the Union's claim for the provision of pension and sick pay cover should not be conceded.
The Court recommends that the parties negotiate and agree a Pension Scheme and Sick Pay Scheme in line with those operated by their competitors within the industry.
Negotiations should commence without further delay.
Signed on behalf of the Labour Court
13th December, 2002______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.