INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
CONOCOPHILLIPS IRELAND LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
UNITE THE UNION
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Ni Mhurchu
1. Performance assessment - Change to procedures.
2. The dispute concerns changes by the Employer to the procedure surrounding performance assessment to which the Union object. A new Hay based system was agreed and introduced in 2000 which outlined new pay grades, performance management, and performance pay rates. As this was a collective agreement the Union contend that it cannot be varied unilaterally.
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 30th June, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 12th October, 2011.
3. 1. The change introduced by the Company whereby a minimum number of staff would be included in the lowest performance grade and therefore would suffer a financial loss, is not acceptable to the Union.
2. Forced distribution of performance assessment ratings are a divisive, dubious and controversial form of rating that functions almost entirely as a justification for the termination of employees.
4. 1. The Company always had the right to apply forced ranking of performance but has not always to do this.
2. The Employees have benefitted significantly from the scheme as introduced by agreement in 2000 and which has undergone some changes during its decade of use.
It is clear to the Court that the position now taken by the company in response to the Union's claim is substantially different to that made at conciliation. In these circumstances the Court recommends that the parties return to conciliation with a view to reaching agreement on the matters in dispute.
Signed on behalf of the Labour Court
1st November, 2011______________________
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.