Labour Court Database __________________________________________________________________________________ File Number: CD89492 Case Number: LCR12530 Section / Act: S20(1) Parties: DUNNES STORES - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claims concerning:- (a) Tea breaks for part-time staff. (b) Failure to negotiate trolley/floor duties in respect of male part-time staff. (c) Failure of Company to give male part-time staff starting/finishing hours - one week in advance.
Recommendation:
4. Tea breaks:
The Court recommends that, part-time staff, who by reason of
their hours of work qualify for a morning tea break, should be
paid for the break.
Trolley/floor duties:
The Court recommends that store management discuss and agree a
mix of these duties with the staff concerned.
Starting/finishing - advance notice:
The Court recommends that the part-time workers should be
given 1 weeks advance notice of their hours of work.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89492 RECOMMENDATION NO. LCR12530
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claims concerning:-
(a) Tea breaks for part-time staff.
(b) Failure to negotiate trolley/floor duties in respect of
male part-time staff.
(c) Failure of Company to give male part-time staff
starting/finishing hours - one week in advance.
GENERAL BACKGROUND:
2. The Union is in dispute with the Company on behalf of its
part-time members employed at the Company's grocery store in Bray.
Following failure to resolve the various issues in the dispute the
Union referred the matter to the Labour Court under Section 20(1)
of Industrial Relations Act, 1969. The hearing took place on 9th
August, 1989. Prior to the hearing the Union agreed to be bound
by the Court's recommendation. The Company indicated in writing,
prior to the hearing, that it was not its intention to be
represented. No representative of the Company attended.
UNION'S ARGUMENTS:
3. 1. The three issues which are the subject of the Union's
dispute with the Company and the Unions arguments are as
follows:-
(a) Tea Breaks for part-time staff
Part-time workers when they work a full day are not
paid for a 15 minute morning tea break. As full
time workers who work a full day are paid for their
15 minute tea break the Company is discriminating
unfairly against part-time workers. The Union is
seeking payment to part-time staff for their 15
minute tea break when they work a full day and also
for previous unpaid tea breaks.
(b) Trolleys/floor Duties, male part-time staff
Prior to the appointment of the new manager in the
store the male staff who were responsible for
giving trolleys to customers on receipt of a
deposit of #1.00 per trolley were assured that they
would not be confined to trolley duties all day
long and that there would be an adequate mix
between floor duties and trolley duties. The
monotony of working on trolley duties all day long
was therefore avoided. The new manager has decided
not to continue the appropriate mix of
trolley/floor duties. The Union requests the Court
to recommend that the previous arrangement be
restored.
(c) Starting/finishing hours - one week in advance
In recent months the new management of the store
has not given male part-time staff their work
finishing times in advance and this causes
considerable difficulty for obvious reasons. The
Company should give the workers concerned their
starting and finishing times one week in advance.
RECOMMENDATION:
4. Tea breaks:
The Court recommends that, part-time staff, who by reason of
their hours of work qualify for a morning tea break, should be
paid for the break.
Trolley/floor duties:
The Court recommends that store management discuss and agree a
mix of these duties with the staff concerned.
Starting/finishing - advance notice:
The Court recommends that the part-time workers should be
given 1 weeks advance notice of their hours of work.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
23rd August, 1989 Deputy Chairman.
A.S./J.C.