Labour Court Database __________________________________________________________________________________ File Number: CD95315 Case Number: LCR14921 Section / Act: S26(1) Parties: HERMITAGE GOLF CLUB (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the payment of workers for public holidays.
Recommendation:
The Court having fully considered all of the views expressed by
the parties recommends the payment for the public holiday be
calculated on the following basis: normal rate of pay per hour,
multiplied by the average weekly hours worked over the previous
thirteen weeks divided by five.
Division: Mr McGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95315 RECOMMENDATION NO. LCR14921
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
HERMITAGE GOLF CLUB
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the payment of workers for public
holidays.
BACKGROUND:
2. 1. The dispute concerns the question of what constitutes a
normal days' pay when paying part-time workers for
public holidays which they do not work. The claim
concerns nine regular part-time workers of whom five are
employed as function waitresses and four are employed as
catering assistants. The workers work a guaranteed 5
hour payment system or 3 days' per week or a regular 7
hour Saturday shift. The claim was made in January,
1994.
2. The Company claims that a normal day is calculated by
taking the 13 week period prior to the holiday and
dividing the total hours worked in the period by the
number of days.
3. The Union claims that a normal day is 8 hours as set out
in LCR14307 which provides:-
"Having considered the submissions from the
parties, the Court is of the view that in the
circumstances of this employment and under the
existing legislation, the appropriate rate of pay
for a public holiday is a `normal day's pay' -
i.e., in this case, 8 hours."
The Union further claims that the Company's formula does
not allow for the fact that the workers are not employed
on a 5 day week basis.
4. The claim was the subject of local discussions prior to
being referred to the Labour Relations Commission. A
conciliation conference was held on 8th May, 1994. On
23rd May, 1994 the claim was referred to the Labour
Court under Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the claim on 26th
June, 1995.
UNION'S ARGUMENTS:
3. 1. The relevant legislation clearly allows for regular
part-time workers to be paid a full day's pay for each
public holiday not worked.
2. The regular part-time Workers Act provides part-time
workers with the same status as full-time workers. The
Company pays 2 full-time workers public holiday payments
even though they are on short-time working (details
supplied). The Union's position is in accord with the
opinion of the Department of Enterprise and Employment
and with the Labour Court as set out in LCR14307.
COMPANY'S ARGUMENTS:
4. 1. Regular part-time workers are covered by Section 4 of
the Holidays (Employees) Acts 1973 and 1991, which give
them an entitlement in respect of public holidays
regardless of holiday (details supplied). The Unions
and the Department of Enterprise and Employment contend
that pay for a public holiday is a normal day's pay.
IBEC has sought legal opinion on the interpretation of
Section 4 of the Holidays, Act. This opinion has
confirmed that the Company's averaging system is the
fairest and most equitable arrangement. The Company's
system has been used throughout the country since July
1991. It has stood the test of reasonableness for many
years and to change it now would lead to serious
repercussive effects nationally.
2. The Labour Court has not ruled against the method
recommended by IBEC. The Court's Recommendation No.
LCR14307 referred to a specific case which was quite
different from that before the Court (details supplied).
The matter is one for legal interpretation through the
civil courts or to be clarified by the legislators.
RECOMMENDATION:
The Court having fully considered all of the views expressed by
the parties recommends the payment for the public holiday be
calculated on the following basis: normal rate of pay per hour,
multiplied by the average weekly hours worked over the previous
thirteen weeks divided by five.
~
Signed on behalf of the Labour Court
4th October, 1995 Tom McGrath
J.F./D.T. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.