SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Geraghty
Employer Member: Ms Doyle
Worker Member: Mr McCarthy
1. Trade Union recognition and negotiation of a comprehensive Collective Agreement.
2. The case concerns the refusal of the employer to grant the Union negotiation rights for its members to negotiate a comprehensive Collective Agreement on their behalf.
The Union said that the employees are extremely low paid, with long term part-time employees getting a basic hourly rate that is less then minimum wage but with a shift premium that brings them above it.
The Union wrote to the Company in September 2018 and again in October 2018 on behalf of its members. The Company declined discussions.
On the 5 July 2019, the Union referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 20 August 2019. The Employer did not attend the hearing.
3. 1. The Union said that the Company has an excess use of part-time staff who are treated as part time, even when working full time. It was only after the case was referred to the Court that some were made full time.
2. The Union has health and safety concerns around recruitment of staff for the busy period up to Christmas.
3. The Union does not accept what the Company said about consultation, pay and conditions. There is a non-elected forum in place, staff are not allowed any representation of any form and the staff have had cuts to their bonus due to issues in a third country.
The Company chose not to attend the Court, though a written submission was received from it.
Having heard the case made by the Union, the Court is of the view that the Company should recognise the Union for collective bargaining purposes in respect of those employees in its membership. The parties should meet at an early date for the purpose of agreeing a framework within which normal industrial relations can be dealt with in a co-operative fashion and within which the issues of concern raised by the Union can be progressed through dialogue.
Signed on behalf of the Labour Court
30 August, 2019Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.