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Labour Court varies recommendation in St Francis Abbey Brewery worker’s pension appeal

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court partly allowed an unnamed St Francis Abbey Brewery worker’s appeal and varied a Rights Commissioner’s recommendation in a decision dated 22 May 2003. It directed that the value of the company’s offer be reflected in the worker’s pension benefit from the offer date until retirement. The Services Industrial Professional Technical Union sought a Work Pattern Allowance and its inclusion in pensionable pay under a rationalisation agreement. The company said the worker had expressed interest in day work, which did not attract the allowance, and argued that any increase should be offset against compensation already paid for lost earnings. The Court said the company’s offer of four months of shift work with the allowance, plus four months of pensionable-pay benefit, should have remained available while the other issues were referred to the Rights Commissioner. It directed that the offer’s value be reflected only in the worker’s pension benefit.

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