Labour Court Database __________________________________________________________________________________ File Number: CD9180 Case Number: LCR13245 Section / Act: S67 Parties: HERMITAGE GOLF CLUB - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claims concerning: (a) Rate of pay for assistant caddymaster (b) Sunday premium payment for rostered Sunday work. (c) Sunday/public holiday premium for casual staff.
Recommendation:
12. The Court having considered the oral and written submissions
of the parties finds as follows:-
(a) Rate of pay for Assistant Caddymaster -
That the Club offer be increased to #140 per week to be
implemented with effect from 1st January, 1991 and to
attract all of the increases applicable under the terms
of the Programme for Economic and Social Progress.
(b) Sunday premium payment for rostered Sunday work -
(i) That the staff concerned in this claim should be
paid #12 per week worked (this amount to be adjusted in
accordance with agreements in pay but to be inclusive of
the 1st phase of the Programme for Economic and Social
Progress).
(ii) That "Ordinary" casuals be paid on the basis of
the above amount pro rata to the hours worked.
(c) Function Casuals -
That there are no grounds for the payment of a premium
for casual staff rostered to do duty at functions and
the claim in this respect is rejected.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD9180 RECOMMENDATION NO. LCR13245
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT 1946
PARTIES: HERMITAGE GOLF CLUB
(Represented by the Federation of Irish Employers)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claims concerning:
(a) Rate of pay for assistant caddymaster
(b) Sunday premium payment for rostered Sunday work.
(c) Sunday/public holiday premium for casual staff.
GENERAL BACKGROUND:
2. The Club consists of a parkland golf course and a full bar
and restaurant. It employs 26 full-time staff including bar,
waitressing, chef, domestic and outdoor personnel. It also
employs a number of casual and part-time staff to cater for
functions. In May 1990, the Union sought negotiations with the
Club to discuss improvements in pay and conditions. It submitted
a list of claims to the Club management. Local level discussions
failed to produce agreement on any of the issues submitted. They
were referred to the Conciliation Service of the Labour Court on
9th August, 1990 and 5 conciliation conferences were held during
the period from 24th September, 1990 to 11th January, 1991.
Agreement was reached on all claims except for the three which are
the subject of this dispute. The three claims were referred on
18th January, 1991 to the Labour Court for investigation and
recommendation. The Court hearing took place on 25th February,
1991.
Claim (a) Rate of pay for assistant caddymaster
BACKGROUND:
3. The worker concerned applied for and was appointed to the
position of assistant caddymaster in April, 1990. He was
previously employed by the Club on security duty with a salary of
#138 per week. On appointment to assistant caddymaster the
worker's salary was #128 per week (now #132 due to 4% increase in
January 1991). His duties include the cleaning of golf clubs,
maintenance of golf shoes and the supply of caddies and caddy
cars. These duties provide opportunities for him to earn
gratuities from club members and others. The Union claims that
the initial basic rate of #128 per week should be increased to
#180 per week. The club rejects the claim. It made a final offer
of #135 per week (the 4% increase also to be applied) at the
conciliation conferences. The offer was rejected by the Union.
UNION'S ARGUMENTS:
4. 1. The worker concerned has an extensive range of duties
(details supplied to the Court). He works very long hours -
56 hours per week in summer and 41 hours per week in winter.
He is not paid overtime and his earnings from gratuities are
very small. The Union's claim is moderate compared to the
pay rates at other clubs (details supplied to the Court).
The worker who is underpaid deserves a considerable increase
in pay.
CLUB'S ARGUMENTS:
5. 1. When the worker applied for the post of assistant
caddymaster he freely accepted the rate of pay for the job.
The salary offered by the Club is appropriate for the
position and compares favourably with comparators in three
other parkland courses (details supplied to the Court).
Claim (b) Sunday premium payment for rostered Sunday work
BACKGROUND:
6. 1. The indoor/catering staff currently work every second
Sunday. The Union is claiming a weekly premium of 10% of
basic pay for each worker who is on the Sunday roster. In
the Dublin hotel trade this is known as the "Sunday
Equivalent". The Club rejects the claim.
UNION'S ARGUMENTS:
7. 1. The principle of the payment of double time for Sunday
work is well established in the catering industry.
Employment Regulation Orders issued by the Labour Court for
a number of Joint Labour Committees (J.L.C.) (details
supplied to the Court) provide for double time on Sunday. In
particular the Hotels J.L.C. and the Catering J.L.C. provide
that double time is payable even where the Sunday duty is
part of the normal roster.
2. There is no reason why the workers concerned should have
less favourable conditions than comparable workers in other
employments. Whenever rostered Sunday duty is more frequent
than every second Sunday the premium should increase
accordingly so that it still reflects an equivalent of double
time for each Sunday worked.
CLUB'S ARGUMENTS:
8. 1. The form of premium payment known as the "Sunday
Equivalent" is operated largely throughout the hotel
industry. The Club does not operate on the same basis as a
commercially based hotel. The premium payments operated by
the hotel industry do not, therefore, necessarily apply to
the Club. If the Union's claim were conceded a comprehensive
review of the total Club's bar and catering service would be
required.
2. The Club operates the roster on a 5/7 basis. Sunday is
not therefore a premium day but an ordinary working day. The
Club is not aware of any other Club in Dublin that pays a
Sunday equivalent to catering staff. During conciliation
talks the Club offered a premium payment of #6 per Sunday
worked. The offer was made on the understanding that all
members of staff would have to acknowledge their liability
for Saturday work. This offer was rejected by the Union.
Claim (c) Sunday/Public holiday premium for casual staff
BACKGROUND
9. The Club employs casual waiting staff on a five-hour function
basis. There is a flat payment of #20 per function. The
staff operate a work to finish system. The Union claims that
the "function casuals" should be paid a set premium of #6.50
for each function held on a Sunday or public holiday. The
Company rejects the claim.
UNION'S ARGUMENTS:
10. 1. The premium of #6.50 is in line with the standard
premium paid throughout the hotel industry for waitress duty
at functions. For a set payment of #20 each per function
casual staff are required to work to finish. They do not get
any extra payment in the event that longer attendance than
normal is required.
COMPANY'S ARGUMENTS:
11. 1. Permanent full-time staff at the Club are not paid a
premium in respect of hours worked on Sunday. None of the
other Golf Clubs pay such a premium to casual staff.
2. While the Club does not accept hotels as a comparator
the function fee of #20 compares very favourably with that
currently paid in Dublin hotels. The fee is paid by the Club
on a five hour function basis although casual staff normally
complete their duties well within 5 hours (due to the
operation of the work to finish system).
RECOMMENDATION:
12. The Court having considered the oral and written submissions
of the parties finds as follows:-
(a) Rate of pay for Assistant Caddymaster -
That the Club offer be increased to #140 per week to be
implemented with effect from 1st January, 1991 and to
attract all of the increases applicable under the terms
of the Programme for Economic and Social Progress.
(b) Sunday premium payment for rostered Sunday work -
(i) That the staff concerned in this claim should be
paid #12 per week worked (this amount to be adjusted in
accordance with agreements in pay but to be inclusive of
the 1st phase of the Programme for Economic and Social
Progress).
(ii) That "Ordinary" casuals be paid on the basis of
the above amount pro rata to the hours worked.
(c) Function Casuals -
That there are no grounds for the payment of a premium
for casual staff rostered to do duty at functions and
the claim in this respect is rejected.
The Court so recommends.
~
Signed on behalf of the Labour Court
8th April, 1991 Tom McGrath
A.S./M.O'C. _______________
Deputy Chairman