Labour Court Database __________________________________________________________________________________ File Number: CD94494 Case Number: AD9474 Section / Act: S13(9) Parties: BRAVEHEART PRODUCTION LIMITED - and - IRISH NATIONAL PAINTERS AND DECORATORS TRADE GROUP;DECORATORS TRADE GROUP |
Appeal by the Union against Rights Commissioner's Recommendation No. BC275/94.
Recommendation:
Having considered the submissions from the parties the Court is of
the view that in all the circumstances of this case the Rights
Commissioner's recommendation is reasonable and should be upheld.
The Court accordingly rejects the appeal and so decides.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94494 APPEAL DECISION NO. AD7494
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
BRAVEHEART PRODUCTION LIMITED
AND
IRISH NATIONAL PAINTERS AND DECORATORS TRADE GROUP
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
Recommendation No. BC275/94.
BACKGROUND:
2. Braveheart Productions Limited was set up in Ireland to film
the Irish portions of the film "Braveheart". Sets were built
at various locations around the country including one at Trim
Castle. Construction work commenced on the 21st June, 1994
and was completed by the 26th August, 1994. The Union claim
that their member (a painter) was unfairly selected for
lay-off following the completion of the set at Trim Castle.
The worker commenced employment on 21st June, 1994 and was
notified by the Company that he was on one week's notice, to
expire on 26th August, 1994. The Union state that 2 painters
and 2 apprentices started work two weeks later than their
member and were not given notice to terminate their
employment. According to the Union it has been a long
established practice in the film industry that lay-offs are
effected on the basis of last in first out. However, the
Company point out that there is a clause in their contract
which states that Braveheart Productions does not accept any
claims of any kind based on "Custom and Practice". The
Union referred the dispute to the Rights Commissioner
Service.
A Rights Commissioner investigated the claim on 16th
September, 1994 and recommended that:-
"Braveheart Productions make an ex gratia goodwill
payment of one weeks pay to the worker".
(The worker was named in the Recommendation).
The Union appealed the Rights Commissioner's recommendation
to the Labour Court on 30th September, 1994. The Court heard
the appeal on 11th November, 1994.
UNION'S ARGUMENTS:
3. 1. It has been a long established practice in the film
industry that any lay-offs are effected on the basis of
last in first out.
2. The principle of last in first out has stood the test of
time over many years since the film industry began in
Ireland. As a result it has created peace and harmony
within the industry thereby avoiding industrial
disputes.
COMPANY'S ARGUMENTS:
4. 1. Every construction worker signed a contract of
employment before the commencement of work with the
Company. Work commenced on 13th June, 1994 and was
completed by the 26th August, 1994 at the location in
Trim. Some 54 construction workers at Trim were given
one week's notice in accordance with their contract of
employment.
2. The contract also stated that Braveheart Productions
would not entertain any claims of any kind based on
'Custom and Practice' relating to other companies and
previous employment in the film industry. The Company
accepts the Rights Commissioner's recommendation of the
16th September, 1994.
DECISION:
Having considered the submissions from the parties the Court is of
the view that in all the circumstances of this case the Rights
Commissioner's recommendation is reasonable and should be upheld.
The Court accordingly rejects the appeal and so decides.
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Signed on behalf of the Labour Court
21st November, 1994 Evelyn Owens
L.W./M.M. ____________
Chairman