FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ELM PARK GOLF AND SPORTS CLUB - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Sunday Premium payments on Rostered Sundays.
BACKGROUND:
2. This dispute, which concerns an alleged shortfall in remuneration paid to the Worker, arises from the alleged non-payment of Sunday premiums and the alleged non-provision of the number of working hours expected. The Worker referred this case to the Labour Court on 21st February, 2012, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 1stJune, 2012.
WORKER'S ARGUMENTS:
3. 1.It was alleged that the Worker was not receiving all remuneration due to him.
2.It was argued that the Employer was not giving the Worker a full week’s work.
3.The Worker contended that he was not receiving a Sunday premium when he worked Sundays.
EMPLOYER'S ARGUMENTS:
4. 1.It was contended that the Worker was receiving all monies earned by him.
2.It was alleged that the Worker was assigned work equating to every second Sunday.
3.The Worker’s overall payrate included an allowance for Sunday working.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute and finds that the worker’s rate of pay includes a Sunday Premium that is fair and reasonable having regard to all of the circumstances of the case.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th July, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.