FULL RECOMMENDATION
PARTIES : BAUSCH & LOMB DIVISION :
SUBJECT: 1.Public Holiday Arrangements for Weekend Shift Workers. It proved very difficult for the Court at its hearing to achieve any shared understanding of the exact detail of the matters and practices at issue before the Court. The Court did establish that the parties are party to a collective agreement dealing with arrangements including pay in respect of Public Holiday working and all matters associated therewith. No collective agreement was put before the Court to establish the detail of the matters at issue for this group of workers. The employer contended that an error had arisen over a period of years and the Trade Union submitted that the practice over the period had been the subject of some form of agreement between the workers and the employer. In all of the circumstances, the Court recommends that the practices and arrangements contained in the collective agreement of the parties should apply to the weekend shift workers in the same manner as all other workers. In the event that any worker has suffered a loss as a result of the application of the collective agreement to this group of workers the agreed compensation arrangements should be applied in the agreed manner to those losses. The Court so recommends.
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