Labour Court Database __________________________________________________________________________________ File Number: CD92121 Case Number: AD92168 Section / Act: S13(9) Parties: ST CATHERINES COLLEGE HOME ECONOMICS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the College against Rights Commissioner's Recommendation No. B.C. 399/91 concerning the rate of pay for a cook.
Recommendation:
9. The Court has considered fully the views expressed by the
parties in their oral and written submissions, together with the
recommendation of the Rights Commissioner.
The Court notes the employment is only recently organised and took
this into consideration when assessing the merits of the case.
It is the view of the Court that the present rate of pay does not
in equity represent adequate remuneration for the range of duties
and responsibilities required of the claimant.
The Court accordingly considers that the worker concerned should
be paid at the rate of #175 per week.
There should be no deductions from this rate of pay in respect of
meals.
The Rights Commissioners recommendation should be amended
accordingly.
The Court so decides.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92121 APPEAL DECISION NO. AD16892
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: ST CATHERINES COLLEGE HOME ECONOMICS
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
DEPARTMENTS OF EDUCATION AND FINANCE
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the College against Rights Commissioner's
Recommendation No. B.C. 399/91 concerning the rate of pay for a
cook.
BACKGROUND:
2. St. Catherine's College is a teachers training college,
training instructors in the field of home economics. The worker
is the only cook employed there and prepares meals for
approximately 130 pupils and staff. She has been employed since
1977 and her present rate of pay is #146.88 per week, less #7 in
respect of board.
3. This rate was reached following an approach from the College
to the Department of Education for a salary review in respect of
its domestic staff. Following discussions with the Department the
cook, domestic staff and general workers were placed on the
Catering J.L.C. rates of pay in line with their counterparts
employed at Mary Immaculate College of Education. These rates
represented a considerable increase for the majority of the staff.
4. The cook joined the Union in 1990 and the Union lodged a claim
to have the worker placed on the maximum point of the scale of
cook Grade 1 Eastern Health Board (#11,804 per annum) and to cease
the deduction of #7 a week in respect of board - both claims
retrospective to 1st January, 1989. The College registered
sympathy with the claim but was not in a position to make any
offer as the rates of pay for its staff are determined by the
Department of Education.
5. As no agreement was reached at local level the issue was
referred to the Labour Relations Commission. It was agreed at the
conciliation conference to refer the claims to a Rights
Commissioner for investigation and recommendation. The Rights
Commissioner investigated the dispute on 17th December, 1991 and
issued the following recommendation dated 10th January, 1992:
"FINDINGS
Having heard the submissions from the parties and having
given full and careful consideration to the points made I
have come to the following conclusions.
1. I am satisfied that the Union has established the equity
and appropriateness of its claim that the worker should
be paid by virtue of her service and competence, on the
maximum point of the scale applicable in other
establishments, i.e. Dublin Corporation. I also am
satisfied that the Union has established the equity and
appropriateness of its claim that this adjustment should
be made effective to the 1/1/1989. I recommend
accordingly.
2. It has been established to my satisfaction that it is
without precedence that in significant catering
establishments those who prepare food for consumption by
other people should be deducted money for the provision
of meals for themselves while on duty. For reasons of
hygiene and public health it is the unvarying practice
that such meals are provided free to those who provide
food for other people. I therefore recommend that the
college cease the deduction of #7.00 per week and that it
reimburses the deductions already made.
The above represents my recommendations".
The worker was referred to by name in the Rights Commissioner's
recommendation.
6. The College appealed the recommendation to the Labour Court
under Section 13(9) of the Industrial Relations Act, 1969. A
Court hearing was held on 23rd March, 1992. This hearing was
adjourned until 30th April, 1992 when a resumed hearing took
place.
EMPLOYER'S ARGUMENTS:
7. 1. The scale claimed by the Union is not appropriate for the
post of cook in the College. Placement of the worker on this
scale would represent an increase of 54% (62% if the #7 a week
in respect of board is included). This would place her on a
higher rate of pay than her supervisor.
2. The scale sought is out of line with rates paid to
chefs/cooks in comparable educational institutes (details
supplied to the Court).
3. Similar catering workers in the Department of Defence
sought pay parity with workers employed with the health
services. The Court recommended against concession (L.C.R.
8815, 13279 refer).
4. The College is a small institution employing only one cook
and is therefore not comparable with the health services.
5. The worker's present rate of pay compares favourably with
similar workers in other educational institutions.
6. The claim is in breach of the Programme for Economic and
Social Progress (P.E.S.P.).
UNION'S ARGUMENTS:
8. 1. The Catering J.L.C. rates are the minimum payable to
catering workers in the country. They are not applicable to
workers employed in Dublin. In addition the worker's duties
are more onerous than those covered by the J.L.C. (details
supplied to the Court).
3. The Union's objective is to secure pay parity with an
appropriate grade within the Public Sector. The selection of
Cook Grade 1 in the Eastern Health Board is considered
reasonable by the employer. The employer indicated that it is
not in a position to concede the claim as the finance is not
forthcoming from the Department of Education.
4. Those who prepare food in significant catering
establishments do not have deductions made from their wages in
respect of board.
5. Part-time catering staff in the College do not pay for
meals that are supplied.
DECISION:
9. The Court has considered fully the views expressed by the
parties in their oral and written submissions, together with the
recommendation of the Rights Commissioner.
The Court notes the employment is only recently organised and took
this into consideration when assessing the merits of the case.
It is the view of the Court that the present rate of pay does not
in equity represent adequate remuneration for the range of duties
and responsibilities required of the claimant.
The Court accordingly considers that the worker concerned should
be paid at the rate of #175 per week.
There should be no deductions from this rate of pay in respect of
meals.
The Rights Commissioners recommendation should be amended
accordingly.
The Court so decides.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________
9th June, 1992. Deputy Chairman
M.D./J.C.