Labour Court Database __________________________________________________________________________________ File Number: CD93167 Case Number: LCR14099 Section / Act: S26(1) Parties: ATLANTIC MILLS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning a claim for a paid tea break for 2 part-time cleaners.
Recommendation:
5. The court has considered the submissions made by the parties.
The Court recommends that a tea break be conceded on the morning
rota of the workers concerned but that in common with other full
time workers no tea breaks should be granted to the afternoon
rota.
Division: Mr O'Connell Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD93167 RECOMMENDATION NO. LCR14099
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ATLANTIC MILLS LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning a claim for a paid tea break for 2
part-time cleaners.
BACKGROUND:
2. 1. In 1991, the Company terminated its contract with contract
cleaners and recruited 3 cleaners (1 full-time and 2
part-time). The 2 part-time cleaners work 20 hours per week
(4 hours per day). The part-time cleaners have the same
conditions of employment as full-time workers, on a pro-rata
basis, with the exception of paid tea-breaks.
2. The Union made a claim on behalf of the 2 workers for a
paid 10 minute tea-break per day. The Company offered an
unpaid break. The dispute was referred to the Labour
Relations Commission and a conciliation conference was held on
8th December, 1992. No progress was possible and the claim
was referred to the Labour Court under Section 26(1) of the
Industrial Relations Act, 1990 on 9th March, 1993. A Labour
Court investigation took place in Longford on 18th May, 1993.
UNION'S ARGUMENTS:
3. 1. Full-time workers in the Company receive a paid 10 minute
tea-break after 2 hours' work. Part-time cleaners who have
the same conditions of employment on a pro-rata basis are
seeking a similar break. Concession of the claim would bring
the Company into line with standard employment practices. The
Company should afford all of its workers the same treatment,
whether full or part-time.
2. The Company has no agreement with the Union to deprive the
cleaners of a paid tea-break. As the Company apply all other
terms and conditions of employment to the cleaners, it is
reasonable to expect that it would also provide paid
tea-breaks. There is a consensus between the social partners
that part-time workers should be protected.
COMPANY'S ARGUMENTS:
4. 1. Under the conditions of Employment Acts of 1936 and 1941,
there is no legal requirement for breaks to be given unless 5
hours have been worked. The Company is prepared to allow the
workers an unpaid tea-break.
2. Where a worker works a regular day/shift, the
Company/Union Agreement allows for a paid 10 minute tea break.
The Company has had difficulties with the length of
tea-breaks. It is not anxious to extend this concession to
part-time workers as it will establish a precedent which may
have repercussions. The Company is satisfied that it is not
common practice in industry generally for part-time workers on
a 4 hour day to receive paid tea breaks.
RECOMMENDATION:
5. The court has considered the submissions made by the parties.
The Court recommends that a tea break be conceded on the morning
rota of the workers concerned but that in common with other full
time workers no tea breaks should be granted to the afternoon
rota.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
28th May, 1993. Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.