FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COCA COLA HELLENIC (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - GROUP OF WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Application Of A Pay Increase To A Group Of Workers
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 10 April 2018 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 8 May 2018.
UNION’S ARGUMENTS:
1. The Union claims that 9 workers, who have not received benefit from the 2017 pay agreement should receive their appropriate percentage (2.5% or 2%) applied with full retrospection to 1 May 2017 in line with the rest of their colleagues.
2. These workers worked up to the top of their pay band through a combination of service and reward and should not be penalised for it.
EMPLOYER'S ARGUMENTS:
- 1. The Company propose to continue to award the relevant percentage increase in a lump sum as has previously occurred.
2. The Company maintains that providing a ‘lump sum’ payment represents a benefit to the employees in question, whilst maintaining their position as higher paid workers in the sector.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes that the parties have achieved a pay agreement for 2017 but remain in dispute as regards the application of that agreement to nine individuals who are at the maximum or beyond of the band for their respective role.
The Court notes the agreement reached in 2016 on the matter in dispute and notes that a similar offer was made by the employer during the course of engagement in relation to 2017.
In all of the circumstances the Court recommends that, in line with the agreement reached in 2016, 50% of the increase to be applied to an individual for 2017 should be applied as a pay increase and the remaining 50% should be paid as a lump sum payment.
In making this recommendation the Court notes the fact accepted by both parties that the only matter before the Court is the application of the 2017 agreement to nine employees in membership of the Trade Union.
Signed on behalf of the Labour Court
Kevin Foley
MK______________________
14 May 2018Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.