Labour Court Database __________________________________________________________________________________ File Number: CD94552 Case Number: LCR14648 Section / Act: S26(1) Parties: REHABILITATION INSTITUTE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning payment for Sunday work.
Recommendation:
Following the written and oral submissions the Court finds in
favour of the Union's argument that the claim is not P.E.S.P. or
P.C.W. debarred.
In relation to the claim itself, the Court finds merit in the
Union's claim for double time for rostered work performed on
Sundays.
The Court, therefore, finds in favour of the Union's claim.
Division: Mr Flood Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD94552 RECOMMENDATION NO. LCR14648
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
REHABILITATION INSTITUTE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning payment for Sunday work.
BACKGROUND:
2. The Institute is an independent voluntary organisation which
was founded in 1949. It provides a wide range of vocational
training and employment services for people with disabilities
and has over 600 employees. The Institute operates 9 retail
outlets throughout Ireland. The majority are located in
hospitals, i.e., Cavan Regional Hospital, Merlin Park
Hospital, Galway and Limerick Regional Hospital where the
claim originated. The claim is for the payment of double
time for rostered Sunday work. The claim was rejected by the
Company. A conciliation conference was held under the
auspices of the Labour Relations Commission on the 24th of
June, 1994, at which agreement was not reached. The dispute
was referred to the Labour Court on the 21st of October,
1994, in accordance with Section 26(1) of the Industrial
Relations Act, 1990. The Court investigated the dispute on
the 15th of December, 1994.
UNION'S ARGUMENTS:
3. 1. Only a very small number of claimants is involved (since
the claim was lodged the retail unit in Limerick has
closed and the staff have been dispersed to other
units).
2. Double time is almost universal for Sunday work even
where the Sunday is part of a roster (e.g. Hotels,
Public Sector, all JLC's except Grocery and Agricultural
Workers).
3. Workers in other employments working similar hours to
the claimants could reasonably expect a Saturday premium
and possibly a shift allowance on top of their basic pay
and Sunday premium.
4. It is absurd to compare employees engaged in vocational
training with the most exploited, unskilled shop workers
who only secured minimal protection from an E.R.O. in
the teeth of a concerted campaign of opposition from
shop owning employers countrywide.
5. The claim is not P.E.S.P. or P.C.W. debarred as the
claimants who work the Sunday hours were never
previously organised
6. Other retail staff in the Institute have in the past
received double time for Sunday work.
7. It is not reasonable to claim "inability to pay" since
each Retail Unit not only earns revenue from its own
sales but also received substantial training grants each
year in respect of each trainee.
INSTITUTE'S ARGUMENTS:
4. 1. This is a cost increasing claim and is thus debarred by
P.E.S.P. and P.C.W.
2. Staff are already fully compensated for working Sundays
with a premium of time + 33 1/3%, in line with the
provisions of the Retail Grocery and Allied Trades Joint
Labour Committee.
3. The Rehabilitation Institute pays staff double time for
Sunday work. This, however, only arises where Sunday is
worked as overtime. Sunday work in this case is worked
as part of the normal rostered working week, i.e., it is
not overtime.
4. As this claim has national "knock on" implications, the
cost of conceding the claim will threaten the viability
of other units countrywide. Increased costs cannot be
introduced to our units as this will make them
uncompetitive with other retail outlets in their
respective localities.
RECOMMENDATION:
Following the written and oral submissions the Court finds in
favour of the Union's argument that the claim is not P.E.S.P. or
P.C.W. debarred.
In relation to the claim itself, the Court finds merit in the
Union's claim for double time for rostered work performed on
Sundays.
The Court, therefore, finds in favour of the Union's claim.
~
Signed on behalf of the Labour Court
23rd December, 1994 Finbarr Flood
M.K./M.M. --------------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.