Labour Court Database __________________________________________________________________________________ File Number: CD87321 Case Number: DEC874 Section / Act: S57(1) Parties: KELLS FARMING ESTATES LTD - and - DEPT OF LBOUR |
An application has been made to the Labur Court as to whether or not the Agricultural Workers Employment Regulation Order applies to gamekeepers.
Recommendation:
5. It seems clear to the Court that, by including "sports
grounds" in the definition of "agriculture" in section 1 of the
Industrial Relations Act, 1976, the Act specifically extended the
meaning of the term to include activities and the use of land
other than for the production of food. The definition is much
wider than the definition of "agriculture" in the Rent
(Agriculture) Act, 1976 in Britain on which the precedents quoted
on behalf of the employer were based.
Having regard to the Industrial Relations Act, 1976, the Court
finds that a gamekeeper is a person involved in the caring of
animals in an incidental activity connected with agriculture and
therefore a person to whom the Employment Regulation Order
applies.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87321 THE LABOUR COURT DEC874
Section 57(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
DEC NO. 4 OF 1987
Parties: KELLS FARMING ESTATES LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS')
and
DEPARTMENT OF LABOUR
Subject:
1. An application has been made to the Labur Court as to whether
or not the Agricultural Workers Employment Regulation Order
applies to gamekeepers.
Background:
2. The general Inspectorate Section of the Department of Labour
received a claim from an ex-gamekeeper for substantial arrears in
respect of overtime. An inspector of the Department visited Kells
Farming Estates Limited on a number of occasions between December,
1986 and February, 1987, and carried out an inspection of the wage
records. The records showed that six gamekeepers were being paid
the statutory minimum rate applicable to agricultural workers but
did not receive payment for overtime. A member of the management
of Kells Farming Estates Limited told the inspector that
gamekeepers were not paid for overtime as there was an agreement
that they (gamekeepers) would work unconditional hours while
receiving the agricultural workers rate of pay. The Inspectorate
referred the matter to the Labour Court, in order to have
determined under Section 57(i) of the Industrial Relations Act,
1946, whether or not the Joint Labour Committee (J.L.C). for
agriculture operates in respect of gamekeepers. The referral took
place on 2nd April, 1987. A Labour Court hearing on the matter
took place on June 15, 1987. The Employer's side was represented
by a solicitor from the Federated Union of Employers, and by a
representative for the Company. The Department of Labour was
represented by one of its officials, and the worker was
represented by the Federated Workers' Union of Ireland.
Union's arguments:
3. (i) The Industrial Relations Act, 1976 extends and amends
the Industrial Relations Acts, 1946 and 1969. The Act
of 1976 made provision for the establishment of a Joint
Labour Committee in respect of agricultural workers.
The Act applies to agricultural employers, agricultural
workers, and agriculture and specific agricultural
activities, as set out in Section 1 of the Act.
(ii) An Employment Regulation Order made under the
Industrial Relations Act, 1946, as amended, may be
applied to each and every agricultural activity coming
within the scope of agricultural and agricultural
workers and agricultural employers, as specified in
Section 1 of the Act of 1976.
AGRICULTURAL WORKER: Does not include a person whose
work under a contract of employment is mainly domestic
service.
GAMEKEEPER: A Gamekeeper employed in agricultural
activities would appear to be within the scope of the
Act except where a contract of employment is mainly
domestic service.
AGRICULTURE: Agriculture is defined in Section 1 of
the Act of 1976 and "includes" the production of any
"consumable produce"......... poultry farming ......
sports grounds ...... the caring for or the rearing or
training of animals and any other incidental activities
connected with agriculture.
(iii) It is clear from the scope of "agriculture" that it
extends to the rearing of and caring for animals and
poultry (fowl), including "game" and the incidental use
of land as osier land or woodlands and sports grounds
for these purposes. Additionally, "agriculture"
extends also to the training of animals.
(iv) The normal duties of gamekeepers would include caring
for or the rearing or training of animals, poultry
(including game) for the purposes of business, "sports"
or "recreation." In this regard the inclusion of
"sports" grounds in the definition is significant.
(v) If animals or poultry are bred wholly or mainly to
stock meadows, pastures, osier land or woodland or
sports grounds with "game," this would also include the
production of consumable produce as well as the rearing
and caring of animals and poultry farming.
(vi) Moreover, game birds are sold and supplied as poultry.
There is no difference between the general classes of
poultry farming, namely, the rearing of chickens,
ducks, geese, pheasants, etc. The incidental
activities are essentially the same in all cases,
namely, the provision of accommodation for the
incubation of eggs and the normal care incidental to
the survival of the young birds, and the conservation
of game stocks for business and sports, etc. The Union
submits that gamekeepers are covered by the
Agricultural J.L.C. and requests the Court to decide
accordingly.
Company's arguments:
4. (a) This question has been referred to the Labour Court by
the Applicant under section 57(1) of the Industrial
Relations Act, 1946. Under this section the Court is
empowered, upon application, to determine 'whether a
particular employment regulation order applies to a
particular person.' The Respondent submits that in the
absence of 'a particular person' the Applicant has no
locus stand to refer the matter to the Labour Court,
nor has the Court jurisdiction to determine the issue
in the abstract.
(b) In the event that there is a 'particular person,' as
aforesaid, the Respondent submits that for the Labour
Court to have jurisdiction, that person must be in an
employment likely to be affected by the relevant
employment regulation order. If the person is no
longer in such employment the Labour Court, it is
submitted, cannot hold the terms of the relevant
employment regulation order to apply to him.
(c) In the event that there is a 'particular person' and
that the Labour Court determines it does have
jurisdiction, the Respondent submits that that person
is not an 'agricultural worker' within the meaning of
S.I. No. 311 of 1986 Employment Regulation Order
(Agricultural Workers Joint Labour Committee) 1986
(hereinafter referred to as S.I. No. 311 of 1986).
(d) AGRICULTURE means horticulture, the production of any
consumable produce, which is grown for sale or for
consumption or other use, dairy farming, poultry
farming, the use of land as grazing, meadow or pasture
land or orchard or osier land or woodland, or for
market gardens, private gardens, nursery grounds or
sports grounds, the caring for or the rearing or
training of animals and any other incidental activities
connected with agriculture.
(e) The Respondent submits that game keepers are not
involved in any of the activities defined as
constituting agriculture. In particular:-
'the production of any consumable produce, which is
grown for sale or for consumption or other use'
must specifically mean crops; hence the reference
to growth.
'poultry farming' is normally understood to mean
the breeding of certain birds - most usually
chickens, hens, turkeys and geese - either for
slaughter and sale, or for sale and slaughter and
sale, or for sale and slaughter, or for their
eggs, but not for sport.
'sports grounds' - game keepers are not, by
definition, concerned in the maintenance or
administration of sports grounds.
'the caring for or the rearing or training of
animals and any other incidental activities
connected with agriculture' - the Respondent
submits that game keepers are not concerned in the
rearing and training of any animals in connection
with agriculture.
(f) The Respondent is sustained in its submission,
particularly on the latter point, by a decision of the
U.K. Court of Appeal in Lord Glendyne - v - Rapley
(1978) 2 All E.R. 110 (details with the Court).
(g) The Respondent, further directs the attention of the
Court to the decision of the House of Lords in Earl of
Normanton - v - Giles and Another (1980) 1 All E.R. 106
(details with the Court).
(h) The Respondent submits that the principal
responsibilities of game keepers are to monitor the
hatching of the pheasant eggs, to supervise and
regulate the feeding of the fledgling birds, and to
attend to the security of the shooting grounds against
intruders, poachers and vermin. In conclusion, the
respondent submits that game keepers are not
agricultural workers within the meaning of S.I. No. 311
of 1986 and do not come within the terms of the
instrument, nor are they affected by any of its
provisions. The respondent respectfully requests the
Labour Court to hold with its submission.
DECISION:
5. It seems clear to the Court that, by including "sports
grounds" in the definition of "agriculture" in section 1 of the
Industrial Relations Act, 1976, the Act specifically extended the
meaning of the term to include activities and the use of land
other than for the production of food. The definition is much
wider than the definition of "agriculture" in the Rent
(Agriculture) Act, 1976 in Britain on which the precedents quoted
on behalf of the employer were based.
Having regard to the Industrial Relations Act, 1976, the Court
finds that a gamekeeper is a person involved in the caring of
animals in an incidental activity connected with agriculture and
therefore a person to whom the Employment Regulation Order
applies.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
Deputy Chairman
28th July, 1987
P.F./J.C.