Labour Court Database __________________________________________________________________________________ File Number: CD86992 Case Number: LCR11026 Section / Act: S20(1) Parties: DUNNES STORES LTD - and - IDATU |
Dispute concerning the change of working hours for night pack staff employed at the Company's Kilnamanagh branch.
Recommendation:
4. The Court, in the absence of evidence to the contrary,
accepts that the workers concerned incur extra expenses by being
asked to attend for work one extra night per week and recommends
that they be compensated to the amount of #100 each.
Division: Mr O'Connell Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD86992 THE LABOUR COURT LCR11026
Section 20(1) INDUSTRIAL RELATIONS ACT, 1969
RECOMMENDATION NO. LCR11026
PARTIES: DUNNES STORES LIMITED
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
Subject:
1. Dispute concerning the change of working hours for night pack
staff employed at the Company's Kilnamanagh branch.
Background:
2. The claim is on behalf of 13 workers who are employed by the
Company to stock shelves after the store ceases trading. Their
hours of work are limited to 20 a week spread over four nights.
On Monday and Tuesday they work 6.00 p.m. to 8.00 p.m. and from
7.00 p.m. onwards on Thursday and Friday (late night trading on
these nights). In October, 1986, the Company decided to operate
an extra night late trading i.e. Wednesday night. The workers
were informed that they would be required to work the extra night,
and that their hours would be spread to include the extra night.
The Company and the Union met on 17th November, 1986 to discuss
the implications of working the extra night. No progress was made
at this meeting. The Union indicated that they would be willing
to consider compensation for working the extra night. This was
rejected by the Company. The workers decided to work the new
working hours under protest. The Company would not accede to a
request to attend an investigation by either a Rights Commissioner
or the Labour Court. The Union then sought an investigation and
recommendation from the Labour Court under Section 20(1)
Industrial Relations Act, 1969. A Labour Court hearing was held
on 29th January, 1987. The Company did not attend the hearing.
Union's argument:
3. (a) The workers have incurred additional expenses
(travelling, baby sitting fees, etc.) by working the
extra night. As no additional earnings are involved,
they should be paid adequate compensation.
RECOMMENDATION:
4. The Court, in the absence of evidence to the contrary,
accepts that the workers concerned incur extra expenses by being
asked to attend for work one extra night per week and recommends
that they be compensated to the amount of #100 each.
~
Signed on behalf of the Labour Court.
John O'Connell
__26th__February,__1987. __________________
M. D. / M. F. Deputy Chairman