FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001, AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004 PARTIES : Q PARK - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr Nash |
1. Referral From The Labour Relations Commission Under The Industrial Relations (Amendment) Act, 2001, As Amended By The Industrial Relations (Miscellaneous Provisions) Act, 2004.
BACKGROUND:
2. Q Park is a car parking company with over 20 sites throughout the country, including 3 in Cork, 10 in Dublin. The Union referred 13 issues to the Advisory Service on behalf of its 15 members (car parking hosts) in a number of sites. The Union claims to have members working in Waterford, Cork and Dublin. Following local discussions and a Conciliation Conference only one issue 'Overtime' was left unresolved. The Union is seeking the overtime rate to apply after a person has worked more than their rostered 39 hours a week. Time and half for overtime worked Monday to Friday and the first 4 hours on Saturday and double time for the remainder of Saturday and all day Sunday.
Management have rejected this and states that it operates a common policy throughout all of the car parks sites of paying staff a single hourly rate for the entire duration of their shifts including their breaks. Each employee takes one and a half hours paid breaks each working day.
The dispute was then referred to the Labour Court on the 29th June, 2006 in accordance with Section 2(1) Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004. A Court hearing was held on the 23rd August, 2006.
UNION'S ARGUMENTS:
3.1 The Union are seeking the payment of overtime in line with national norms. After 39 hours all hours to be paid as follows:
- Time plus one half to be paid Monday to Friday and the first four hours on Saturday
- Double time the rest of Saturday and Sunday
2. The Company is one of the top five players in the European car parking market.
COMPANY'S ARGUMENTS:
4.1 The Company contends that it applies a generous policy of paying staff at single time for entire duty periods, including breaks, up to a total of 48 hours in each working week. All weekly hours in excess of this are paid at a premium rate of time plus a half.
2. The Company is satisfied that this meets and exceeds best practice throughout service company employment.
3. The Company implements fair and reasonable pay and conditions for its staff in an environment of fixed price competitive contract work. Any increase in the Company cost base would have far reaching consequences in terms of the Company's ability to retain existing contracts when they fall due for re-tender.
RECOMMENDATION:
This dispute was referred to the Court pursuant to Section 2(1) of the Industrial Relations (Amendment) Act, 2001, (the Act). The Court is satisfied that the conditions specified at Section 2(1)(a) to 2(1)(d) of the Act are fulfilled in this case and that the dispute is properly before the Court for investigation and recommendation.
This dispute has been referred following the failure of the parties to reach agreement in relation to the matters at issue at the Labour Relations Commission under the Enhanced Code of Practice on Voluntary Disputes Resolution (S.I. No. 76 of 2004).
The Court has taken careful account of the submissions of the parties in their written and oral presentations. Section 5(2) of the Act provides that a recommendation made by the Court shall not provide for arrangements for collective bargaining. Subject only to that restriction the Court is required to give its opinion on the matter under investigation and, where appropriate, its view as to the action, which should be taken, having regard to the terms and conditions of employment, in the employment concerned.
Utilising the provisions of S.I. No. 76 of 2004 the Union, on behalf of its members in the Company, submitted a list of claims to the Labour Relations Commission. Following discussions at the Advisory Service, only one issue was referred to the Court :- payment of overtime.
Payment of Overtime
Having considered the views of the parties expressed in their oral and written submissions, the Court recommends that hours worked in excess of 39 hours in the roster cycle should be paid at a rate of time and a quarter for the first six hours and time and a half thereafter.
Implementation
The recommendations herein, save where otherwise appears, should be implemented within one month from the date of this recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th August, 2006______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.