INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
CORPORATE CLEANING SERVICES LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. Consolidation of shift into overtime calculation.
2. The case before the Court concerns 26 workers employed by Corporate Cleaning Services Limited at a client site at Dell, Raheen, Co. Limerick. The Company provide cleaning and related services to Dell including the removal of waste and packaging within the plant. The Union are seeking a consolidation of shift payment in the calculation of overtime. The Company reject the claim on the basis that, if conceded it would set a precedent for other staff members and staff employed by the client as both groups work side by side.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 19th May, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th November, 2004, the earliest date suitable to the parties.
3. 1. The Company gave a commitment to both staff and the Trade Union that it would introduce a consolidated rate to include shift payment in the calculation of overtime. At no time did the Company state that the introduction of the consolidated rate would have to be approved by the client prior to implementation.
2. A goodwill payment of €400 was accepted as an interim measure while the issues were referred to the Labour Court for investigation. This payment was accepted without prejudice to the position outlined at conciliation.
4. 1. The introduction of the consolidated rate is cost increasing and precluded under the terms of Sustaining Progress.
2. It would have serious implications going forward if this claim is conceded, both for staff of the Company and for staff employed by the client.
3. It was agreed to make an ex-gratia payment of €400 to each of the employees covered by the claim, without predjudice to the Companys position and in deference to the suggestion from the Labour Relations Commission.
Having considered the views of the parties expressed in their oral and written submissions, the Court is of the view that the Company's offer to pay €400 should be increased to €800 in recognition of the level of expectation built up surrounding the Company's thwarted intentions to consolidate shift premium payments with basic pay for overtime payment purposes. The Court recommends that this increased payment should be accepted in full and final settlement of the claim.
Signed on behalf of the Labour Court
9th December, 2004______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.