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2002

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AD0289

FULL RECOMMENDATION

CD/02/371
APPEAL DECISIONNO.AD0289
(IR7886/02/GF)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969



PARTIES :
TOWN OF MONAGHAN CO-OP
(REPRESENTED BY IRISH CO-OPERATIVE ORGANISATION SOCIETY)

- AND -


SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation IR7886/02/GF.



BACKGROUND:

2. The union submitted a claim for loss of earnings on behalf of four of its members. It states that in 1998/99 its members were required to work each Saturday and a majority of Sundays. In 2000 agreement was reached regarding the introduction of 5 over 6 working (Monday to Saturday).

The union claims that agreement was reached on the 23rd June, 2002, following local discussions, in relation to compensation for the staff concerned for the loss of Sunday working during the winter period following the introduction of new machinery.

Management rejected the union's claim.

The dispute was referred to a Rights Commissioner for investigation. The following is the Rights Commissioner's recommendation:-

" I am not convinced that losses will be very substantial and I recommend each claimant be paid the sum of €500.00 in full and final settlement of this claim."

Both sides appealed the Recommendation in accordance with Section 13 (9) of the Industrial Relations Act, 1969. The Court investigated the dispute in Dundalk on the 6th December, 2002.

UNION'S ARGUMENTS:


3. 1.Following agreement on the 23rd June, 2002, the union expected that management would undertake a review of the situation in relation to compensation for the loss of Sunday working in winter time following the introduction of new machinery.

2. It was agreed that at the end of the season the actual loss would be calculated and compensation would be paid at twice the annual loss to the staff concerned.

3. Management has refused to compensate the claimants for their sustained loss and refused to pay any compensation for their loss of earnings.

4. The Union requests the Court to recommend that the company honour in full the agreement made with the union to compensate the workers for the loss sustained resulting from changes in working hours on Sundays in wintertime.


COMPANY'S ARGUMENTS:

4. 1 Winter production at milk plants is at a considerably lower level and production can be completed usually within normal basic working time.

2. Overtime working varies from time to time. In the winter of 2000/01 circumstances were different and, accordingly, Sunday working reduced considerably. That winter only 7 Sundays were worked.

3. The Company has paid compensation to staff where overtime was reduced during the summer.

4. Staff have had opportunities to work more Sundays but have declined.















DECISION:

The Court has considered the appeals of the Rights Commissioner's recommendation made by both sides. The Court recognised the expectation created by the agreement entered into on 23rd June, 2002, that there would be a review of the situation following the introduction of the new machinery.

The Court is satisfied that the Union has clearly stated to the Court that there will be no further claims for compensation due to seasonal variation in working hours which occur in the wintertime. While the Court rejects the claim for compensation for loss of overtime earnings, it upholds the Rights Commissioner's recommendation to pay a once off payment of €500 to each of the four workers as a gesture of goodwill, in full and final settlement of this claim.

The Court so decides.



Signed on behalf of the Labour Court



Caroline Jenkinson
12th December, 2002______________________
LW/LWDeputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.




 
 
 
 
 
 
 
 
 

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