SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Haugh
Employer Member: Ms Connolly
Worker Member: Mr Hall
1. Proposal to abolish three Cycle Shift
2. This dispute could not be resolved at local level and was the subject of two Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 20 September 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 22 November 2019.
3. 1. The Union states that as there are now only four workers involved in the dispute it is not unreasonable for them to be accommodated within as 3-cycle shift pattern.
2. If the four workers avail of the exit package they should receive the €350 voucher and the option to remain in employment until the year end.
4. 1. The Company asserts that every effort has been made to resolve the issue to the satisfaction of all involved, both at local level and with the assistance of the Workplace Relations Commission.
2. The Company submits that the issue of reviewing or changing shift patterns is important for any company but in particular, those within the manufacturing sector.
Background to the Dispute
The within dispute arises from a move by Trend Technologies Mullingar Limited (‘the Company’) from a three-cycle to a four-cycle shift pattern over the course of 2019. Extensive negotiations have taken place between the Company and SIPTU in relation to this issue, both locally and with the assistance of the Conciliation Service of the Workplace Relations Commission, such that the workforce has been transitioned to the new shift cycle, by agreement, and a redundancy package was made available to those Workers who didn’t wish to move the new arrangement.
The matter referred to the Court concerns four Workers who are operating the four-cycle shift arrangement under protest. Specifically, those Workers are seeking an assurance that they will receive a €350.00 Christmas voucher if they choose to avail themselves of the company’s redundancy package in the short term.
At the within hearing, the Company representative gave an assurance that any Worker who availed himself or herself of the redundancy package in the short term would also receive the voucher.
Having regard to the unequivocal assurance given by the Company in relation to the payment of the voucher, the Court sees no impediment to any of the four Workers concerned availing themselves of the redundancy package and the voucher in early course.
The Court so recommends.
Signed on behalf of the Labour Court
17 December 2019Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.