FULL RECOMMENDATION
AN CHUIRT OIBREACHAIS THE LABOURCOURT INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : ELECTROMAHER LIMITED - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Alleged breach of the Electrical Contracting Industry Registered Employment Agreement.
BACKGROUND:
2. The dispute concerns a complaint by the Union on behalf of one employee that the Company was in breach of Rule 4 of the Electrical Contracting Industry Registered Employment Agreement (R.E.A.). The Union claims that the Company are not paying the appropriate overtime rates in respect of hours worked after normal finishing and normal starting time. Overtime is also not being paid until 39 hours have been worked.
The Union referred the issue to the Labour Court on 18th December, 2000, under Section 32 of the Industrial Relations Act, 1946. The Court investigated the dispute on the 3rd May, 2001. The parties made written and oral submissions.
RULE 4(a);
Monday to Friday
Normal finishing time to 12.00 midnight - time plus a half.
Midnight to normal starting time double - time.
UNION'S ARGUMENTS:
3. 1. The Company are in breach of Rule 4. They are not paying the appropriate overtime rates in respect of hours worked after normal finishing and before normal starting time.
2. Normal finishing and starting times are defined by Rule 1 of the Agreement as being 5.00p.m. (4.00p.m. Friday) and 8.30a.m. respectively. These hours can only be varied by agreement with the Union.
RULE 1:
The standard working week shall be 39 hours (from 1st August, 1990), 5 days Monday to Friday.
The working hours shall be 8.30 a.m. to 5 p.m. Monday to Thursday inclusive and 8.30 a.m. to 4p.m. on Friday. Lunch period - half an hour.
Where on occasion, an official early start is required, no extra payment shall apply, but the normal finishing time after which overtime rates would apply, will be brought back by the same amount as was the starting time. The early start in this context is limited to an hour before normal starting time.
The above hours, including the lunch period, can be subject to variation by arrangement with the Union to suit transport or client's requirements etc.
3. The worker has been underpaid as a result of the Company not paying overtime until workers had completed 39 hours per week.
COMPANY'S ARGUMENTS:
4. 1. Overtime rates are paid after workers have completed 8 hours work per day.
2. Payment documents clearly show that overtime is paid even though 39 hours have not been worked in the week.
3. On occasions that a worker asks permission to start work late owing to domestic duties the request is always facilitated. In this instance the worker is not paid overtime until the 8 hours have been worked and he is not entitled to go on overtime rates at 5.00p.m.
ORDER:
The Court is satisfied that, on their correct interpretation, the combined effect of Rules 1 and 4 of the Registered Employment Agreement entitles workers to whom the Agreement relates to payment of time-plus-one-half in respect of time worked after 5.00p.m. Monday to Thursday and 4.00p.m. on Fridays (normal finishing time). That entitlement is not qualified by a requirement that an employee work the standard hours on the day in question before overtime rates become applicable. It is also clear from the agreement that there is no obligation on an employer to permit an employee to work beyond normal finishing time.
On the basis of this interpretation the Court is satisfied that the complaint in respect of the worker named in the TEEU submission to the Court is well founded. The Worker should be paid arrears of pay in respect of any time worked after normal finishing time for which premium rates were not paid.
Signed on behalf of the Labour Court
Kevin Duffy
21st May, 2001______________________
MO'CDeputy Chairman
NOTE
Enquiries concerning this Order should be addressed to Marian O'Connell, Court Secretary.