FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE IRISH TURF CLUB - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation R-106602-IR-11/JC.
BACKGROUND:
2. The case before the Court concerns the Union’s appeal of Rights Commissioner’s Recommendation R-106602-IR-11/JC. The dispute relates to the Worker’s claim that he has been treated in an inequitable manner resulting from the Employer’s alleged refusal to allow him to work on “Point- to- Point” races which occur on Sundays. The Worker is currently employed as a Race Official and is contractually obliged to work twenty five Sundays per annum. The Employer often requires additional Sundays over and above the contracted twenty five to be worked however this is of a voluntary nature and there is no obligation on employees to carry out additional Sunday working. The Worker involved in this dispute has on several occasions chosen not to carry out additional Sunday working. The Union, on behalf of its member, contends that the Employer has discriminated against the Worker by not affording him the opportunity to partake in “Point- to- Point” Sunday working which, the Union contends, stems from the Worker’s choice to not carry out additional Sunday working above his contractual obligations. The Employer rejects the Union’s claim of discrimination and victimisation maintaining that the Worker has been treated no less favourably than any other employee. The Employer further asserts that the subject of this dispute forms part of broader discussions which are currently on-going and accordingly this dispute should not be dealt with in isolation. The matter was referred to a Rights Commissioner for investigation and recommendation.
On the 28thFebruary, 2012, the Rights Commissioner issued her recommendation as follows:
“I recommend, only in so far as the Claimants have been excluded from working at Point to Points on Sundays, including any arrangements, in regard to working extra Sundays over and above the contracted days for their current salary, that are in operation in the case of other Race Officials who work Sunday Point to Points”.
On the 16thMarch 2012, the Worker appealed the Rights Commissioner’s Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 27thJuly, 2012.
UNION'S ARGUMENTS:
3. 1.The Worker has suffered a significant financial loss as a result of the Employer’s refusal to allow him to work on "Point to Point" Sundays.
2.The Employer has discriminated against the Worker by not allowing him to carry out "Point to Point" Sunday working.
EMPLOYER'S ARGUMENTS:
4. 1.The Employer rejects the Union’s claim of victimisation maintaining that the Worker has been treated in a fair and consistent manner.
2.The Employer contends that Point to Point Sundays were offered primarily to Workers that have made themselves available to carry out additional Sunday hours.
DECISION:
The Court has carefully considered the extensive written and oral submissions made by both parties in this case.
In the context of those submissions the Court takes the view that a final decision on the issues under appeal should be deferred until it has considered and recommended on the collective issues that are scheduled to come before it in the near future.
Accordingly the Court will reconvene the hearing into these matters after it has dealt with the collective issues that are related to and influencing the behaviour of both parties in this dispute.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
3rd August 2012______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.