Labour Court Database __________________________________________________________________________________ File Number: CD94704 Case Number: DEC951 Section / Act: S57(1) Parties: SHARON LALOR T/A THE COCK 'N' HEN - and - DEPARTMENT OF ENTERPRISE AND EMPLOYMENT;EMPLOYMENT |
Application of the Hairdressing Joint Labour Committee Employment Regulation Order to a worker and the interpretation of that E.R.O.
Recommendation:
The Court having considered all of the views expressed by the
parties in their oral and written submission finds that Part II
Section 1(c) of the Hairdressing Joint Labour Committee Regulation
Order applies to the employee concerned in this case.
The Court so decides.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94704 DECISION NO. DEC195
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 57, INDUSTRIAL RELATIONS ACT, 1946
PARTIES:
SHARON LALOR T/A THE COCK 'N' HEN
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
DEPARTMENT OF ENTERPRISE AND EMPLOYMENT
SUBJECT:
1. Application of the Hairdressing Joint Labour Committee
Employment Regulation Order to a worker and the
interpretation of that E.R.O.
BACKGROUND:
2. The dispute concerns a worker who was employed on a part-time
basis by the Company, from December, 1992 to April, 1994.
The establishment is covered by the terms of the Hairdressing
E.R.O. which classifies hairdressers in three categories
i.e. Ladies, Gents, Unisex. The worker concerned was paid
the 'Unisex' rate. He complained to the Department of
Enterprise and Employment that he should have received the
'Gentlemens' rate while in the employment. The Department
investigated the complaint and discussions were held with the
Company. The Company maintained that the worker was employed
as a colourist and looked after both ladies and gentlemens'
hair. The Department having investigated the complaint
formed the opinion that the worker was entitled to the
Gentlemens' rate. It wrote to the Company requesting payment
of the arrears due but the Company reiterated its claim that
the worker was correctly paid the 'Unisex' rate. As the
parties could not reach agreement on the issue the Company
applied to the Labour Court for a decision in accordance with
Section 57 of the Industrial Relations Act, 1946 in relation
to the application of the E.R.O. The Court investigated the
dispute on the 8th February, 1995.
DEPARTMENT'S ARGUMENTS:
3. 1. The worker maintains that there was a separate
Gentlemens' section in the salon and that he was
employed there as a barber. He did some colouring on
ladies' hair at the request of the employer, in the hope
of obtaining full-time employment. He did not cut or
blow dry ladies hair.
2. The Department's Inspector noted in the course of her
inspection that the salon had two separate areas. One
appeared to be for gentlemen with a separate basin and
chair and posters displaying gents hair styles. The
worker claims that he worked in the gents area. Ladies
did not go into this area. The worker produced a weekly
work sheet indicating that all his clients were
gentlemen. The Inspector, on the basis of the
information provided, concluded that the correct
classification of the worker was 'gentlemens'
hairdresser and that he should have been paid the
appropriate rate.
COMPANY'S ARGUMENTS:
4. 1. The worker was employed by the Company as a colour
stylist and did both ladies and gents hairdressing. He
was trained as a colourist and employed on that basis.
The premises is a Unisex Salon catering for both ladies
and gents. The employee concerned worked with female
clients for approximately 25% of his time.
2. The physical lay out of the salon is irrelevant and was
so designed purely for structural reasons. The premises
is a Unisex salon. The work sheet produced by the
claimant was selective in relation to the work done.
Other co-workers have confirmed in writing that the
claimant did colouring on both ladies and gents hair
(details supplied to the Court).
3. The Company understands that the rate under the E.R.O.
is determined by the recipient of the service and not by
the sex of the stylist. To receive the 'Ladies or
Gentlemens' hairdressing rate a stylist must work solely
on one sex. If he works on both he receives the
'Unisex' rate. The worker was correctly paid the
'Unisex' rate.
DECISION:
The Court having considered all of the views expressed by the
parties in their oral and written submission finds that Part II
Section 1(c) of the Hairdressing Joint Labour Committee Regulation
Order applies to the employee concerned in this case.
The Court so decides.
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Signed on behalf of the Labour Court
8th March, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman