FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 57(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : GARDNER MERCHANT (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Application by the Union for an interpretation under Section 57 of the Industrial Relations Act, 1946, as to whether or not a worker is covered by the Catering Joint Labour Committee (JLC).
BACKGROUND:
2. The Company is contracted by Aras Attracta to operate a canteen service at its residential care centre in Swinford, Co. Mayo. The Union claims that the canteen should be regarded as a "catering establishment" in accordance with Part 1, Section 2 of the Catering JLC which defines a "catering establishment" as "a premises or part of a premises primarily used for supplying for reward to any persons, not for the time being resident on the premises, food or food and drink for consumption on the premises". The Union claims that individuals not attached to the centre use the canteen facilities on a regular basis and that the Catering JLC rate of pay should, therefore, be paid to the claimant. The Company rejects the Union's claim stating that the service provided is strictly for staff and invited guests only.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission on 28th March, 1996. As agreement could not be reached the Union referred the issue to the Labour Court for an interpretation under Section 57(1) of the Industrial Relations Act, 1946. A Labour Court hearing was held on 11th October, 1996.
UNION'S ARGUMENTS:
3. 1. The canteen is operated as a multi-customer, if not a public, facility. Many customers such as social workers, public health nurses, dentists, home helps, drivers, etc., are clearly not residents. School students using the swimming pool and people attending conferences and trade fairs also avail of the canteen facilities.
2. The Company should comply with the Catering JLC conditions and minimum rate of pay of £3.899 per hour. It is the Union's contention that the Company is in fact in a position to exceed these legal minimum entitlements.
COMPANY'S ARGUMENTS:
4. 1. The canteen service provided is strictly for staff and invited guests only and is not open to the public. Notices are posted to this effect. As in many staff canteens in private companies, meals are sold at subsidised prices.
2. The canteen provides a service for residents, their families, staff and Western Health Board employees who have business at the centre. The Catering JLC term of "catering establishment" does not, therefore, apply in this case.
DECISION:
The Court, having considered the information supplied by both parties, determines that this canteen facility does not fall within the definition of Catering Establishment as defined by the JLC.
The Court therefore determines that the worker employed by the Company does not come within the scope of the Catering JLC.
Signed on behalf of the Labour Court
Finbarr Flood
11th November, 1996______________________
D.G./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Dympna Greene, Court Secretary.