Labour Court Database __________________________________________________________________________________ File Number: CD92704 Case Number: LCR13917 Section / Act: S20(1) Parties: PARFUMS CHRISTIAN DIOR (IRELAND) LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Dispute concerning the rate of pay for a worker.
Recommendation:
6. Having regard to the submissions made by the parties the Court
recommends that the Union's claim be conceded in full.
Division: Mr O'Connell Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92704 RECOMMENDATION NO. LCR13917
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: PARFUMS CHRISTIAN DIOR (IRELAND) LIMITED
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning the rate of pay for a worker.
BACKGROUND:
2. The worker is employed as a cosmetician since May, 1990 at an
outlet franchised from Brown Thomas. The Company and Brown Thomas
pay her wages on a fifty-fifty basis. Parfums Christian Dior is
her employer. She is paid at point 6 of the sales assistant
salary scale.
3. The Union lodged a claim on behalf of the worker for payment
of the chargehand rate. The Company rejected the claim. The
Union referred the dispute to the Labour Court for investigation
and recommendation under Section 20(1) of the Industrial Relations
Act, 1969. A Court hearing took place on 14th December, 1992.
The Union agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
4. 1. The worker's duties are that of chargehand (details
supplied to the Court).
2. Similar claims for other cosmeticians employed by
companies operating concessions in Brown Thomas have been
conceded (details supplied to the Court).
COMPANY'S ARGUMENTS:
5. 1. The worker is employed as a consultant. There is no
category of employee termed chargehand employed by the
Company.
2. The Company is trading in Brown Thomas for the past 3
years and finds that overheads are only barely cost effective.
RECOMMENDATION:
6. Having regard to the submissions made by the parties the Court
recommends that the Union's claim be conceded in full.
~
Signed on behalf of the Labour Court
John O'Connell
__________________
11th January, 1993. Deputy Chairman.
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.