FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GLENNON BROTHERS CORK LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation r-151665-Ir-14JOC.
BACKGROUND:
2. This dispute concerns the Workers' claim regarding his rate of pay. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 13th July, 2015 the Rights Commissioner issued the following Recommendation:-
"a. That this recommendation is without precedent and cannot be used in any other claims that may arise between the union and the respondent.
b. The following rate should be phased in on the following basis;
1st January 2015 the hourly rate increase to €9.65 per hour inclusive of the pay agreement
1st July 2016 the rate of pay increase to €10.25 per hour inclusive of any pay increase.
c. That members and the union accept this recommendation in full and final settlement of their claim."
On the 19th August, 2015 the Employee 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 November, 2015.
3. 1. It is extremely unfair that the Worker is employed doing the same work as his colleagues and yet he is on a lesser rate of pay.
2.There were no substantive grounds identified by the employer which would have prohibited the Company from honouring the application of agreed rates of pay.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker's contract of employment, which contains a section on remuneration, clearly states his rate of pay and makes no reference to any pay scales.
2.All new hires at the Company since 2009 are on the same rate.
3.The Worker was not the first new entrant to be paid this rate.
DECISION:
This is an appeal by Mr Mariusz Makuch (the claimant) against the recommendation of a Rights Commissioner made under the Industrial Relations Acts 1946 to 2015. The claimant has been employed by Glennon Brothers Cork Limited (the respondent) since 13th May 2009 and is still employed by the respondent.
The claimant sought an increase in his rate of pay based on what he contended were undertakings given by the respondent but not implemented. The Rights Commissioner recommended adjustments to the claimant’s rate of pay in 2015 and 2016 in full and final settlement of the claim.
Summary of the Claimant’s position
The claimant contends that on his recruitment in 2009 he was advised by a manager that his initial rate of pay of €8.65 per hour would increase after a period of three months to a rate of €10.56 per hour. The claimant contends that this undertaking was not honoured and that similar undertakings were made at intervals thereafter without implementation of the increase involved. The claimant’s rate of pay was increased to €9.05 per hour in January 2015. The claimant seeks the application of a rate of pay of €10.56 per hour with effect from 2009.
Summary of the Respondent’s position
The respondent states that because of trading conditions a rate of pay of €8.65 per hour was introduced in 2009 for new entrants recruited from 2009 onwards. This new rate of pay was not agreed with SIPTU. The respondent denies that any undertaking was ever given by management to increase the claimant’s rate of pay. The respondent did enter into a collective agreement in 2014 which resulted in the claimant’s rate of pay being increased to €9.05 per hour with effect from 1st January 2015.
Recommendation of the Court
The Court can find no evidence of an undertaking by the respondent to adjust the claimant’s rate of pay in the manner contended by the claimant. The Court understands that the rates of pay currently applying in the company are in accordance with the terms of a collective agreement concluded in 2014. Notwithstanding that agreement the claimant’s concerns have been considered by a Rights Commissioner who made a Recommendation which provided for increases in pay greater than that provided for in the collective agreement. The Court recommends that the recommendation of the Rights Commissioner should be accepted and in addition the respondent should pay to the claimant a sum of €100.00 as a gesture of goodwill and in full and final settlement of the claim.
Signed on behalf of the Labour Court
Kevin Foley
CO'R______________________
9th December, 2015Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Clodagh O'Reilly, Court Secretary.