CD/25/97 | RECOMMENDATION NO. LCR23163 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
KYTE POWERTECH LTD CO
(REPRESENTED BY STRATIS CONSULTING)
AND
400 General Operatives and small number of Crafts (11 approximately)
(REPRESENTED BY SIPTU)
DIVISION:
Chairman: | Ms O'Donnell |
Employer Member: | Ms Doyle |
Worker Member: | Mr Bell |
SUBJECT:
Complaint under Section 26(1) of The Industrial Relations Act 1990.
BACKGROUND:
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 5th June 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 19th September 2023.
UNION'S ARGUMENTS.
- From the 1st of January 2025, the Workers employed on day shift had to have their basic rate increased to the minimum wage of €13.50 in line with legislation.
- The Union is seeking 7.5% a year for 2025 and 2026 across all pay grades, including seeking additional enhancement to the electrician’s rate of pay in line with the contract electrical rates to bring it in line with agreed national rates for electricians.
EMPLOYER'S ARGUMENTS.
- The company wishes to work together with the Union to ensure the long-term viability of the plant and to sustain and grow viable and meaningful employment.
- The company is of the view that their final offer on pay at conciliation is fair and appropriate regarding comparable pay deals and the rate of inflation.
RECOMMENDATION:
The issue in dispute between the parties arises from the rejection by SIPTU members of a pay proposal of 4% for 2025 and 3% for 2026 which was agreed locally. The matter was then referred to the Conciliation Services of the Workplace Relations Commission (WRC). Following intense discussion at Conciliation a proposal emerged that covered a number of issues, and this was put to ballot of the Union Member’s but rejected in March 2025.
The matter was then jointly referred to the Labour Court and a hearing took place on 29 May 2025. SIPTU in their submission to the Court sought a 7.5% increase for 2025 and 2026. The Employer in their submission stated that the proposal tabled at the WRC was as far as they could go. The Court noted that the figure contained in the Union submission had never been tabled before, and that as a Court of last resort it was not appropriate to table a new claim in the submission to the Labour Court. At the hearing the Court also noted that the gap between the parties was getting wider rather than narrowing, and the Court was not sure if they could be of assistance to the parties at that point in time. The Court informed that parties that it would adjourn the hearing for a period of time to allow the parties reflect on their stated positions.
The hearing reconvened on 23 June 2025. The Union submitted that they had revised their claim and were seeking a two-year deal with an increase of 4.5% in year one and 3.5% in year two. They were also seeking that the proposed €100-euro acceptance payment be split in two and added to the Christmas bonus for 2025 and 2026.
The Employer submitted that they could not move on the percentage increases provided for in the WRC document but were agreeable to a two-year pay deal, although their preference was for a three year pay deal as it would provide them with more stability.
Both parties accepted that the WRC document dated 6 March 2025, which formed the basis of their discussions should form the basis of any recommendation the Court would issue. This recommendation is to be read in conjunction with same.
Pay increases the WRC proposal for pay increases should be amended as follows:
Year 1 amend to 4.5% from 1 January 2025 (caveat set out in WRC document to apply)
Year 2 amend to 3.25%
Year 3 to be deleted, agreement to expire 31 December 2026
Voucher increase
Once off voucher of €100 on acceptance of deal to be applied in two payments to the increased Christmas voucher provide for in the WRC agreement as follows:
Christmas bonus 2025 €350 plus €50
Christmas bonus 2026 €350 plus €50, there after Christmas bonus to revert to €350. All other sections of the WRC document remain unchanged.
The Court so recommends
![]() | Signed on behalf of the Labour Court |
![]() | |
![]() | Louise O'Donnell |
AR | ______________________ |
21 July 2025 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Mr Aidan Ralph, Court Secretary.