INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
GROUP 4 SECURITY SERVICES (IRELAND) LIMITED
- AND -
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. Appeal of Rights Commissioner's Recommendation r-063010-ir-08/RG.
2. The Company (G4S) is a licensed provider of security services to customers nationwide and employs approximately 2,000 staff at locations throughout the country. In April 2007, G4S took over the responsibility for running the security service at the marina from D�n Laoghaire Marina Company (Marina Marketing & Management Ltd.) and staff transferred under a transfer of undertakings. The Claimant, a Security Officer at the marina since 2005, was paid a Christmas Bonus of one week's salary in 2005 and 2006, no bonus was paid in 2007 and this is at the centre of the dispute.
The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 26th August, 2008, the Rights Commissioner issued his Recommendation, as follows:
"In relation to payment of the Christmas Bonus, I recommend that a payment of one week's pay should now be paid to the Claimant for 2007. This is a once-off payment for 2007 only".
On the 25th September, 2008 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 11th December, 2008.
3. 1. The Annual Christmas Bonus was paid every year since the formation of the D�n Laoghaire Marina Company and therefore formed part of the Worker's terms and conditions of employment which were transferred in accordance with the Transfer of Undertakings Regulations.
4 1. The former Employer advised G4S that the Christmas Bonus was a discretionary payment based on individual performance and the financial position of the Company. For these reasons the payments were not declared at the time of transfer.
2. G4S believes that it has met all its legal responsibilities under the Transfer of Undertakings Regulations. The Rights Commissioner's Decision is both fair and reasonable in all the circumstances.
Having considered the submissions made, the Court agrees with the Recommendation made by the Rights Commissioner, endorses it and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
23rd December, 2008______________________
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.