FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KERRY FOODS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Loss of Earnings.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of approximately twenty of its members employed at the Company's manufacturing facility in Charleville, Co Cork. The dispute relates specifically to the Union's claim for compensation for loss of earnings. This issue arose as a result of a restructuring initiative within the Company which was the subject of Labour Court Recommendation No. LCR21413 which recommended the further use of appropriate dispute resolution procedures in respect of the within matter. The matter has since been the subject of a Conciliation Conference held under the auspices of the Workplace Relations Commission. As agreement was not reached, the parties referred the issue to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23rd November, 2018.
The following is the Recommendation of the Court:
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
The Court notes that significant progress on the matter has been made by the parties in direct discussions and at the Workplace Relations Commission.
The Court has examined the detail as supplied by the Trade Union as regards the 1999 agreement referred to at the hearing. The Court is satisfied that the circumstances of that agreement are different to the current issue. It is noted for example that a different approach to calculation reference periods was taken in 1999 to that agreed to be appropriate in the current situation.
Having regard to all aspects of this matter the Court recommends that both parties accept a multiplier of 1.5 times the annual loss as appropriate and reasonable in all the current circumstances.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
6th December 2018______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.