Labour Court Database __________________________________________________________________________________ File Number: CD88279 Case Number: LCR11891 Section / Act: S20(1) Parties: BRENNAN'S CENTRAL SHOE STORES LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim, on behalf of one employee for payment in respect of basic pay, late night overtime, and two Sundays worked in the pre-Christmas period, 1987.
Recommendation:
4. The Court recommends that the claimant be paid the amounts
claimed i.e.:-
Arrears of Basic Pay : £529.20
Payment for Late Night Working : £298.29
Payment for Sunday Working : £ 31.88
___________
TOTAL £859.37
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD88279 RECOMMENDATION NO. LCR11891
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: BRENNAN'S CENTRAL SHOE STORES LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim, on behalf of one employee for payment in respect of
basic pay, late night overtime, and two Sundays worked in the
pre-Christmas period, 1987.
BACKGROUND:
2. The employee who commenced work with the Company in September,
1987 as a sales assistant was paid sixty pounds per week plus
sales commission. Her employment was terminated on the 21st
January, 1988. The dispute concerns the failure of the Company to
pay the worker concerned the full terms of the local trade
agreements covering basic pay, late night overtime and Sunday
overtime. Both the Company (represented by the Federated Union of
Employers) and the Union are parties to this agreement.
The Union claims that the worker is due the following under
payments:-
1. Basic Pay: As per the agreed local rate (details
supplied to the Court) the employee should have received
eighty six pounds forty six plus sales commission. The
shortfall per week was £26.46 x 20 weeks = £529.20.
2. Late Night Working: Friday and other nights in the
Christmas period the employee should have been paid at
the rate of double time. She worked twenty three nights
for which she was not paid anything. Late night payments
are due as follows, £12.97 x 23 = £298.29.
3. Sunday Working: The employee worked four hours on two
Sundays for which she was paid £20. The employee should
have been paid at the rate of treble time, and is due
payment as follows, £15.94 x 2 = £31.88.
The grand total due to the employee amounts to £859.37.
The Union referred the matter to the conciliation service of the
Labour Court in an effort to have the dispute resolved, but the
Company was unwilling to attend a conciliation conference. On the
8th April, 1988 the Union referred the matter to the Labour Court
for investigation and recommendation under Section 20(1) of the
Industrial Relations Act, 1969. A Court hearing took place on the
24th May, 1988. Prior to the hearing the Union agreed to be bound
by the recommendation of the Court. The Company did not attend
the Court hearing.
UNION'S ARGUMENTS:
3. 1. In 1986 the Union had difficulty with this Company on a
range of issues including basic pay and late night overtime
payment, at which time the Company did agree to pay the
commission rate and the double time for late night working.
2. There is no doubt whatever that the Company was aware of
the extent of the underpayments and there is no question of
inability to pay the arrears due to the employee.
RECOMMENDATION:
4. The Court recommends that the claimant be paid the amounts
claimed i.e.:-
Arrears of Basic Pay : £529.20
Payment for Late Night Working : £298.29
Payment for Sunday Working : £ 31.88
___________
TOTAL £859.37
~
Signed on behalf of the Labour Court.
Nicholas Fitzgerald
___14th___June,___1988. ______________________
T. O'D. / M. F. Deputy Chairman