FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CLIFFS OF MOHER CENTRE LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. 1. Parity Of Pay, 2. Sick Pay, 3. Premium Payments
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its members for parity of pay, sick leave and premium payments with Local Authority employees. The workers concerned are employed by the Cliffs of Moher Centre Limited. The Company was set up to operate the Cliffs of Moher Visitor Centre. The building and surrounding area are owned by Clare County Council. The Union argues that there members are de facto employees of the County Council and that the Company is no more than a shell Company whose membership is also linked to Clare County Council. The Company argues that it is a private legal entity which is entirely distinct and separate in legal personality from Clare County Council.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 1st October, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd March, 2010.
UNION'S ARGUMENTS:
3. 1 The site is owned by the Local Authority. It is the Local Authority who process payroll, post out the payslips and covers any liability the Centre may have.
2 It is only equitable that pay scales and incremental scales reflect those of Clare County Councils direct employees. The Local Authority is the employer in everything but name.
COMPANY'S ARGUMENTS:
4. 1 The Company operates within the private sector and has done so since its inception. The Company has always acted in a fair and reasonable way with its employees and has provided pay and conditions in line with, and often over and above, industry norms.
2 Every employee entered their contract of employment with the Company knowing that it was entering into an agreement with the Company and not Clare County Council.
RECOMMENDATION:
The Court has considered the oral and written submissions of both parties in this case. The Court is satisfied that the Cliffs of Moher Centre Limited is managing an area of great natural beauty and a major piece of local tourist infrastructure, on behalf of the local authority. To that extent the centre is carrying out a public function, rather than offering a competitive product within the tourism sector. It complements, promotes and enhances, rather than competes with, the local tourism sector, whilst managing the physical infrastructure on behalf of the County Council. Its financial mandate is to meet its operating costs and return any surplus to the local County Council. The Court accordingly finds that the appropriate comparator for pay purpose is the local authority rather than the tourism industry.
The Court therefore recommends that the parties commence discussions with a view to agreeing the application of the appropriate rates of pay, sickpay and premium pay, in place in the local authority, to comparable grades of staff within the Centre. This process should be completed before July 1st 2010, from which date the new rates should apply.
Given the complexity of this task and the potential for disagreement between the parties they may wish to engage the services of an agreed appropriate and independent expert to assist them with this process. In the event that agreement cannot be reached before July 1st 2010 the parties jointly may refer the matter back to the Court for further consideration
Signed on behalf of the Labour Court
Brendan Hayes
4th May, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.