INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
KERRY INGREDIENTS LIMITED
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
1. Compensation for relocation from Causeway to Tralee.
2. The Company is part of the food production sector and moved it's warehouse in 2012 from Causway to Tralee for logistical reasons. The move of 22 kilometres affects the seven staff differently depending on where they live. The Union is seeking relocation compensation but the Company while they wish to settle have concerns that concession could have knock-on repercussions within the Group.
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 31st January, 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th April, 2014.
3. 1. The Union submitted that the Company were prepared to offer a sum divided by the Claimants involved which aroused certain expectations.
2. Milage allowance was paid during the move and the Workers expected this to continue until final agreement was reached.
4. 1.It is difficult to justify any offer of relocation compensation taking into account the prevailing economic climate and as the distance involved is not excessive.
2. There are potential future 'knock-on' implications for other employees within the Kerry Group if this claim was conceded.
The issue before the Court concerns the Union’s claim for compensation for relocation of the Company Stores premises from Causeway to Tralee, Co. Kerry, a distance of 22 kilometres.
Having considered the submissions of both parties the Court notes the particular circumstances of this case, where it is acknowledged that there was a significant level of cooperation by Workers involved in this claim, including personally transferring stock from one location to another. In these circumstances the Court recommends that the Company’s offer should be increased to €5,000 for each of the seven Claimants involved in full and final settlement of the claim before the Court.
The Court so recommends.
Signed on behalf of the Labour Court
20th May, 2014______________________
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.