FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TESCO IRELAND LTD - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioners Recommendation No: r-129885-Ir-13/SR.
BACKGROUND:
2. This case is an appeal by the Union of Rights Commissioner's Recommendation No: r-129885-Ir-13/SR. The issue concerns a claim by the worker that he has an entitlement to overtime hours on Sundays during the Christmas period. The worker contends that he should work the four Sundays in question which attract a rate of treble time. Management's position is that work on the Sunday's in question should be divided equally amongst all staff on a fair and equitable basis in line with agreements concluded between the parties.
The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 10th July 2013 and did not find in favour of the workers claim. On the 19th August 2013, the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 12th November 2013.
UNION'S ARGUMENT:
3 1 The worker has worked the Sunday's in question over many years and is seeking that his established patterns of attendance be maintained in line with agreements concluded between the parties providing that existing working patterns and levels will be maintained.
COMPANY'S ARGUMENT:
4 1 The agreement concluded between the parties on this issue provides that overtime when available will be distributed on a fair and equitable basis. As a pre-1996 employee the worker chooses not to work on a Sunday throughout the year but claims an entitlement to work four out of the six Christmas Sundays. If Management were to concede this claim the available overtime would not be distributed on a fair and equitable basis to all other staff employed by the Company.
DECISION:
This case falls to be resolved within the terms of the collective agreement between the parties and in particular on the basis of the joint document entitled "Clarification on Christmas and Extended Trading 2012 for Day Workers (Mandate Stores)."
That clarification document sets out the criteria to be applied in distributing Christmas trading overtime. In particular it requires that the distribution be fair and equitable.
The Court is satisfied that the allocation of two days Christmas trading overtime to the Claimant complies with the agreed criteria and the requirement for fairness and equity.
In these circumstances the Court affirms the Recommendation of the Rights Commissioner and disallows the appeal.
Signed on behalf of the Labour Court
Kevin Duffy
22nd November 2013______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.