Labour Court Database __________________________________________________________________________________ File Number: CD95153 Case Number: LCR14805 Section / Act: S26(1) Parties: GALWAY FAILTE/LEISURELAND (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Rates of pay for (1) Senior leisure attendants, (2) Receptionist, and (3) Training outside of normal working hours. (4) Provision of taxi.
Recommendation:
Following careful consideration of the submissions and arguments
presented, the Court recommends as follows in relation to the four
items in dispute:-
Senior Leisure Attendant:
The Court recommends an annual salary of #12,000 inclusive.
Receptionist:
The Court recommends an annual salary of #10,000 inclusive.
Rate of pay for training staff outside normal working hours:
The Court recommends concession of the Union's claim for
overtime rate.
Provision of taxis:
The Court does not recommend concession of the claim.
The Court further recommends that the above be implemented from
1st January, 1995.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD95153 RECOMMENDATION NO. LCR14805
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
GALWAY FAILTE/LEISURELAND
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Rates of pay for (1) Senior leisure attendants, (2)
Receptionist, and (3) Training outside of normal working
hours. (4) Provision of taxi.
BACKGROUND:
2. (1) & (2) The Galway Leisureland complex closed down for
renovations in September, 1992 and re-opened in
July, 1993. Following the re-opening, workers at
the complex were offered new contracts of
employment. This involved changes of wages and
conditions of employment (including working 5 days
over 7). Most workers in the complex have agreed
their conditions. However, there is still a
dispute involving 3 senior leisure attendants and a
receptionist.
(3) Where workers are required to attend training after
normal working hours the Union is claiming that
they should be paid overtime at a rate of time and
a half for the first four hours, followed by double
time. The Company's offer is for payment of flat
time.
(4) The Union claims that workers who are required to
work until midnight or after should be provided
with taxis, as normal finishing time for buses is
11.30 p.m. The Company is unwilling to provide
taxis.
The dispute was referred to the Labour Relations
Commission and a conciliation conference took place
on 26th January,1995. No agreement was reached and
the dispute was referred to the Labour Court under
Section 26(1) of the Industrial Relations Act,
1990, on 27th February, 1995. A Labour Court
hearing took place on 20th April, 1995, (the
earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. (1) & (2) The present rate of pay for senior leisure
attendants is #11,000 per annum, inclusive of
Sunday allowance. This is unacceptable as the
attendants have taken on extra duties and
responsibilities since the re-opening of the
complex (details supplied to the Court). The
Receptionist, who at present earns #8,883 per
annum, is in a similar position. The level of pay
for the receptionist is below the national level.
(3) Workers who are required by management to attend
training outside of normal working hours should be
paid the appropriate overtime rate i.e. time and a
half and double time if necessary. Otherwise,
management should provide training within normal
working hours.
(4) Management should provide taxis for workers,
particularly female workers, who are required to
work after public transport finishing time. There
has been a number of attacks reported in the area.
A number of hotels and public houses provide a taxi
service for workers who are required to work late.
The Union would ensure that there is no abuse of
the system.
COMPANY'S ARGUMENTS:
4. (1) & (2) The duties carried out by the 3 senior leisure
attendants are similar to those of other attendants
throughout the Country. An offer of #11,060 per
annum, plus overtime, has been made to the 3
attendants. This compares favourably with other
senior leisure attendants in other parts of the
Country (details supplied to the Court). The
receptionist was offered the only position
available to her on the re-opening of the complex,
at her old rate of pay - #8,883 per annum.
Overtime is paid when necessary. Her rate of pay
is in line with other receptionists/cashiers in
other industries.
(3) Training courses run by and at the expense of the
Company are of benefit to the workers in furthering
their careers. Compared to other centres around
the Country, the Company's offer of flat time
payment for overtime is reasonable.
(4) All workers employed by the Company are aware of
the hours of work and the necessity to work late.
No other leisure centre provides taxis for those
who are required to work late.
RECOMMENDATION:
Following careful consideration of the submissions and arguments
presented, the Court recommends as follows in relation to the four
items in dispute:-
Senior Leisure Attendant:
The Court recommends an annual salary of #12,000 inclusive.
Receptionist:
The Court recommends an annual salary of #10,000 inclusive.
Rate of pay for training staff outside normal working hours:
The Court recommends concession of the Union's claim for
overtime rate.
Provision of taxis:
The Court does not recommend concession of the claim.
The Court further recommends that the above be implemented from
1st January, 1995.
~
Signed on behalf of the Labour Court
15th June, 1995 Evelyn Owens
C.O'N./D.T. --------------
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.