FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ANGLO IRISH BEEF PROCESSORS RATHKEALE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal by the Company against Rights Commissioner's Decision No. WT116/99MR.
BACKGROUND:
2. The employees at the plant work varying numbers of days per week, depending on the number of cattle arriving at the plant. In addition to the basic hours, overtime work is also necessary from time to time. Such arrangements are common in the beef industry. The appeal concerns a dispute between the parties about the advance notice required for the working of overtime under the Organisation of Working Time Act, 1997. The Union claims that the Act requires the employer to give an employee at least 24 hours notice of overtime working. This requirement had not always been observed at the Rathkeale plant and the Union believed that the Company had been in breach of the Act. The Union sought a legal interpretation of the Act with regard to this issue.
The Company maintained that Management at the plant gave as much notice of overtime as was possible and believed that the procedures employed by the Company complied with Section 17 of the Act.
There was no way of predetermining the volume of cattle to be slaughtered for any given day or week. In these circumstances the Company was reasonably entitled to require certain employees to work overtime, especially if the workers had been given advance notice of the possibility of such overtime, as per Section 13 of the Company/Union Agreement. The dispute was referred to a Rights Commissioners for investigation. On the 14th of September, 1999, the Rights Commissioner issued his Decision as follows:
"In accordance with Section 27 of the Act, I hereby decide that the Union's complaint was well founded, as above. Accordingly, I require the Company to amend its procedures to bring them in line with the requirements of Section 17(2) and Section 17(5), also as above. Finally, in the particular circumstances of the case, I do not see the payment of any compensation as appropriate."
On the 25th of October, 1999, the Company appealed the Rights Commissioner's Decision to the Labour Court. The Court head the appeal in Limerick on the 20th of June, 2000.
DETERMINATION:
The Court having considered the written and oral submissions made by the parties upholds the Rights Commissioner's Decision in this case.
However based on the arguments made at the hearing the Court is of the view that the effect of this decision on the business should be monitored over a six month period by the parties, and could be referred back to the Court.
Signed on behalf of the Labour Court
Finbarr Flood
6th July, 2000.______________________
TOD/BCChairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.