Labour Court Database
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File Number: CD86656
Case Number: LCR10915
Section / Act: S67
Parties: WYETH (I) LTD - and - ITGWU
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Subject:
Claim for compensation for movement off shift and loss of overtime.
Recommendation:
6. The Court, having considered the submissions made by the
parties, does not recommend concession of the Union's claim.
Division: Mr Fitzgerald Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD86656 THE LABOUR COURT LCR10915
CC86687 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10915
Parties: WYETH (IRELAND) LIMITED
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim for compensation for movement off shift and loss of
overtime.
Background:
2. The Company manufactures baby food for the export market and
employs approximately three hundred workers at its Plant in
Askeaton, Co Limerick. Due to a falloff in demand the Company cut
back its production by laying-off workers and eliminating or
reducing certain shift and overtime patterns in May 1985. A
similar situation arose in 1986 with the result that twelve
workers still remain laid off since the beginning of 1986. Some
other workers who were laid off at that time later accepted
voluntary redundancy.
3. This claim concerns sixty eight workers who suffered a loss of
shift, change of shift or loss of overtime earnings over a 19 week
period from May to October 1985 and one worker who lost overtime
earnings in 1983. The Union claimed that the workers should be
compensated for their loss. The total loss of earnings was
approximately #50,000. The Company rejected the claim. No
agreement was reached at local negotiations and on 22nd July, 1986
the matter was referred to the conciliation service of the Labour
Court. A conciliation conference was held on 8th August, 1986 but
no agreement was reached. On 11th August, 1986 the case was
referred to the Court for investigation and recommendation. A
Labour Court hearing was held on 12th November, 1986 in Limerick.
Union's arguments:
4. (i) The Company is profitable and can afford the cost of
concession of the Union's claim.
(ii) The Company has increased its share of the market in
recent years and concession of this claim will not
place the Company in jeopardy.
(iii) Concession of the Union's claim is necessary to make
the difference between a living wage and a minimum wage
for the workers.
(iv) A situation similar to that which gave rise to the loss
of earnings in 1985 has arisen again in 1986. This now
seems to be a feature of the job.
Company's arguments:
5. (a) The workers' loss of earnings was caused by a fall off
in market demand which was outside the Company's
control.
(b) Similar claims made in the past have been resisted by
the Company. In cases where there was a reference to a
third party the Company's position was upheld.
(c) Concession of this claim would lead to further cost
increasing claims on the Company.
RECOMMENDATION:
6. The Court, having considered the submissions made by the
parties, does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
22nd January, 1987 -------------------
T. O'M/U.S. Deputy Chairman