INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
BRITVIC IRELAND LIMITED
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr McCarthy
1. Changing payment of wages in cash
2. This dispute concerns the method of payment for one employee who wishes to continue to be paid his wages in cash. The employer has offered compensation and time off to the Claimant to transfer to payment by inter-bank credit transfer.
- This 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 6th January 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 10th March 2015.
3. 1. The Claimant has been employed by the Company for forty years and has always been paid in cash.
2. The Claimant is retiring in one year and wishes to be paid in cash for the remainder of his employment.
3. The Claimant asserts that he has a legal right to payment in cash.
4. 1. The Claimant is the only employee in the Company who is paid in cash.
2. The Company has sought to accommodate the Claimant to make the transition to electronic funds transfer payment.
3. Continuing to pay the Claimant in cash places a disproportionate burden on the Company.
Having carefully considered the submissions of both parties to this dispute, the Court finds that the Company’s proposals are fair and reasonable and should be accepted by the Union.
The Court so recommends
Signed on behalf of the Labour Court
27th April, 2015.Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.