FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MILLTOWN GOLF CLUB - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Non-payment of premium Sunday rate.
BACKGROUND:
2. The worker concerned was employed as a caddymaster at Milltown Golf Club from October, 1996 until he resigned in August 2001. His job involved working on many Sundays throughout the years for which he was paid the same basic rate as for all other hours worked. On several occasions he approached the Secretary Manager on the question of Sunday Premium but did not receive it.
The issue was referred to the Labour Court on the 22nd of April, 2004, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th of July, 2004.
The worker agreed to be bound by the Court's recommendation.
The Company did not attend.
WORKER'S ARGUMENTS:
3. 1. The worker requested that he be paid the Sunday Premium on several occasions throughout his employment but was told he was not entitled to it.
2. The worker states that the Company did subsequently say he was entitled to the Sunday Premium but that they could not pay it as it would have knock on effects for other Sunday workers.
3. The worker is claiming Sunday Premium for an average of 25 Sundays per year for a 4 year period.
RECOMMENDATION:
The Court has heard the submission of the worker in this matter. The Employer was not represented but had informed the Court that it considered the matter settled.
Given the confused and incomplete picture put before it, the Court considers that the claimant has an unsatisfied case concerning the payment of Sunday premium during his period of employment. The Court therefore recommends that the parties should re-engage and discuss the claim with a view to reaching a settlement.
Signed on behalf of the Labour Court
Raymond McGee
21st July, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.