INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
SMARTPLY EUROPE LTD
(REPRESENTED BY IBEC)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
TECHNICAL, ENGINEERING AND ELECTRICAL UNION
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Pay Claim.
2. The case before the Court concerns a dispute between the Employer and the Unions in relation to the Unions' claim for a 5% pay increase over a phased period, comprising of a 3% increase retrospectively applied from May 2012 and a further 2% increase to be applied from January 2014. The Employer rejects the Unions' claim and instead put forward a proposal of a pay increase at an amount significantly lower than that sought by the Unions.The dispute could not be resolved at local level and was the subject of a series of Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 2nd September, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 31st October, 2014.
3. 1. The Unions have on several occasions agreed to delay their pay claim in order to facilitate the Employer.
2. The Unions contend that the Employer is in a financial position to concede the pay claim.
3. The Unions further contend that the Workers have not received a pay increase since 2007.
4. 1. Concession of the Unions' claim could potentially jeopardise the future viability of the Company.
2. The Employer is not in a financial position to fund the Unions' pay claim at the amount sought by the Unions and instead offered a pay increase at an amount that is affordable to the Company
Having considered the submissions of the parties the Court recommends that the Company’s offer be amended as follows: -
- 2% effective from 1stJanuary 2013
2% effective from 1stJanuary 2014
The Court does not recommend any increase in respect of 2012.
Signed on behalf of the Labour Court
21st November 2014______________________
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.