FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COMPASS CATERING SERVICES LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Application of 39 hour week retrospectively applied.
BACKGROUND:
2. The Company is a contract services company and has operated catering facilities at Tara Mines since 1976. The Union's claim is for the introduction of a 39-hour working week for its members at the site in Tara Mines. The Union made a claim in September, 2008, stating that the members worked a 40-hour week and is seeking 26 weeks per annum at 39-hours per week and 26 weeks at 40-hours, with premium payments made for the 40th hour in the form of an additional 3 days' annual leave. The Union is also seeking retrospective payment. The Company's case is that the workers receive a 15-minute paid break every day, totalling 1 hour 15 minutes per week and that, in effect, they only work 38 hours and 45 minutes per week. As such there is no basis for a claim. The Union maintains that the 15-minute break is unpaid.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 28th July, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd October, 2009. The following is the Court's recommendation:
RECOMMENDATION:
The Court recommends that parties accept that the working time of those associated with this claim should be organised in line with that of workers covered by Employment Regulation Order for the Catering Industry.
The Court notes that there are differences between the parties on whether paid breaks are included in the 39 hour normal working week for the purposes of the ERO. The parties should ascertain the manner in which the breaks are treated for the purpose of applying the normal 39 hour working week under the ERO. That arrangement should then be applied to the Claimants in this case.
Signed on behalf of the Labour Court
Kevin Duffy
27th October, 2009.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.