Labour Court Database __________________________________________________________________________________ File Number: CD8928 Case Number: LCR12288 Section / Act: S20(1) Parties: DUNNES STORES - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 7 catering staff for the application of the same overtime rates and conditions as drapery sales assistants.
Recommendation:
4. On the basis of the evidence presented, it appears to the
Court that there is a firm basis for payment of overtime at double
time rate for hours worked during late night trading. The Court
accordingly recommends that management should have negotiations
with the Union on revised rates as soon as possible.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD8928 RECOMMENDATION NO. LCR12288
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 7 catering staff for the
application of the same overtime rates and conditions as drapery
sales assistants.
BACKGROUND:
2. On 17th November, 1988, the Union lodged a claim for the
application of rates and conditions in line with those applying to
drapery sales assistants. The categories of workers involved are
as follows:-
1 Cook, 3 Catering Assistants - employed in the
Kilnamanagh store,
1 Cook, 2 Catering Assistants - employed in the Ilac
Centre Store.
The Union claims that the catering staff receive the same wage
round increase and same implementation date as sales staff but do
not receive the going rate for overtime worked i.e. double time
for late night trading. The Company rejected the claim and on 9th
December, 1988, the matter was referred to the conciliation
service of the Labour Court. The Company declined an invitation
to attend a conciliation conference and the Union on 6th January,
1989, referred the dispute to the Labour Court for investigation
and recommendation under Section 20(1) of the Industrial Relations
Act, 1969. Prior to the Court's investigation on 2nd February,
1989, the Union agreed to be bound by the Court's recommendation.
The Company was not represented at the hearing.
UNION'S ARGUMENTS:
3. 1. The Company pays catering staff double time for work
performed on Sunday from 10.00 a.m. to 1.00 p.m. when the
store is closed to the public and treble time from 1.00 p.m.
to closing time. This is in line with the rates paid to sales
staff. Catering staff also receive the same wage round
increase as sales staff.
3. 2. Catering staff in various other stores in Dublin, such
as Switzers and Arnotts, have always enjoyed the same rates as
the drapery sales assistants in those stores i.e. double time
for each hour worked on late night trading. The catering
assistants here concerned are being paid at the rate of time
plus one half for the last 18 months in the Ilac Centre store
and 6 years in Kilnamanagh.
RECOMMENDATION:
4. On the basis of the evidence presented, it appears to the
Court that there is a firm basis for payment of overtime at double
time rate for hours worked during late night trading. The Court
accordingly recommends that management should have negotiations
with the Union on revised rates as soon as possible.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
22nd February, 1989 -------------------
B O'N/U.S. Deputy Chairman