Labour Court Database __________________________________________________________________________________ File Number: CD93445 Case Number: AD93100 Section / Act: S13(9) Parties: QUINNSWORTH - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Appeal by the Union against Rights Commisioner's recommendation No. B.C. 54/93.
Recommendation:
5. Having considered the submissions from the parties the Court
is of the view that the Rights Commissioner's recommendation is
fair in the circumstances and should be upheld.
The Court accordingly rejects the appeal and so decides.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93445 APPEAL DECISION AD10093
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1969
SECTION 13(9)
PARTIES: QUINNSWORTH
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Appeal by the Union against Rights Commisioner's
recommendation No. B.C. 54/93.
BACKGROUND:
2. The dispute concerns three workers who are employed in the
meat department at the Company's Galway branch. In early
December, 1992 at a meeting between the parties Management advised
the workers concerned that overtime in the store would be worked
during the Christmas trading period on Sunday 20th (2-6 p.m.) and
late night trading (3 hours per night) on Monday 21st, Tuesday
22nd and Wednesday 23rd December. The workers understood that
they would work the full hours during this period. Subsequently
Management advised the workers that they would be required to work
2 hours on the Sunday and 2 out of the 3 late nights. This was
not acceptable to the workers and they worked the full hours on
the dates in question. They were not paid for the disputed hours.
The isue was referred to a Rights Commissioner for investigation
and recommendation on the 26th April, 1993.
On the 10th June, 1993 the Rights Commisioner issued his
recommendation as follows:-
"...... I recommend that, without prejudice and without
any precedent being created, Management make an ex
gratia payment to each of the three employees
equivalent to 50% of what is claimed".
On the 12th July, 1993 the Union appealed the recommendation to
the Labour Court under Section 13(9) of the Industrial Relations
Act, 1969. The Court heard the appeal on the 23rd November, 1993.
UNION'S ARGUMENTS:
3. 1. The Union reached agreement with the Company on late
night and Sunday working. The three workers concerned made
themselves available to work overtime on 3 late nights and the
Sunday. The agreement should be honoured and the workers paid
for the hours worked. The Company would not tolerate a
situation whereby workers who agreed to work overtime
subsequently changed their minds and had not made themselves
available for that overtime.
2. The amount in dispute is approximately #172, a very
small amount in the context of Company turnover during
Christmas trading.
COMPANY'S ARGUMENTS:
4. 1. Management must reserve the right to determine when and
in what circumstances overtime will be worked. This position
was upheld by the Rights Commisioner.
2. There is no agreement in place between the parties
giving staff the right to work overtime in defiance of
management instructions.
3. Acceptance of the Union's position would deprive
Management of its right to control a critical element of staff
costs and place the Company at a disadvantage to competitors.
DECISION:
5. Having considered the submissions from the parties the Court
is of the view that the Rights Commissioner's recommendation is
fair in the circumstances and should be upheld.
The Court accordingly rejects the appeal and so decides.
~
Signed on behalf of the Labour Court
3rd December, 1993 Evelyn Owens
T O'D/U.S. -------------
Deputy Chairperson