INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Appropriate increases and retrospection.
2. The dispute before the Court concerns a claim by the Union on behalf of its members for payment of the terms and revised terms of the Programme for Prosperity and Fairness, for payment of a premium for Sunday work and that the P60's are issued on time. Attempts to resolve the issues at local level failed as the Company declined to meet with the Union to discuss the matter.
The issues were referred to the Labour Court on the16th of December, 2002, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th of February, 2003.
The Company did not attend the hearing but stated in a letter to the Court that an inspector of the Department of Enterprise, Trade and Employment carried out an inspection recently and found the Company in compliance with the Catering Joint Labour Committee in relation to wages and Sunday premium. The reason that some employees did not receive their P60's on time was due to the fact that the printout was mislaid. When Management located the printout the issue was resolved.
The Union agreed to be bound by the Court's recommendation.
3. 1. The Company declined to meet with the Union to discuss the issues in dispute.
2. There is no formal wage structure in the Company.
3. The workers are seeking payment of the terms and revised terms of the Programme for Prosperity and Fairness, the appropriate rate for Sunday work and to receive their P60's on time in future.
The Company did not attend the hearing, but did furnish a written statement. The Court notes that the Company has confirmed that it is abiding by the terms of the Catering Joint Labour Committee and pays the appropriate rates of pay and wage increases. The Union indicated to the Court that up until now the Company has not being paying wage increases on the due date, accordingly, the Court recommends that in the future the company must abide by the terms of the Joint Labour Committee on the due dates.
The Court notes that since the claims were submitted to the Court, copies of P60's have been issued to employees.
Signed on behalf of the Labour Court
13th February, 2003______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.