Labour Court says Ervia sick-pay changes cannot stand

The Labour Court recommended that Ervia’s 2015 changes to the sick-pay requalification period could not stand because the company had not followed the procedure in the Response 2000 Framework Agreement. The recommendation was signed on 2 July 2018. The ICTU Group of Unions said the agreement governed changes to the scheme and required them to be made through its agreed process. Ervia argued the changes were not material and had been introduced through a revised policy after the unions were notified and raised no objection. The Court found the changes were material alterations to employment terms covered by the agreement, which required proposed amendments to be dealt with through a specified process and recorded in signed addenda. As that process was not followed, the changes could not stand. The Court made no recommendation on the merits of the proposed changes and said the parties should engage through the agreement’s procedures.