LCR22270

1.On-Call Allowance, Call-Out Allowance & Sunday Premium.

BACKGROUND:

2.
The issue before the Court relates to call-out allowance and Sunday Premium. The wardens are not paid an ‘on-call’ allowance but are paid an hourly rate for a call-out.

The matter was referred to the Labour Court and a hearing took place on 31 August 2020

UNION'S ARGUMENTS:

The wardens are expected to be available during the call-out period, which impacts on ability to socialize for the duration of call-out period.

The wardens are on call and are deemed to be at work and, therefore, should be rewarded for this time.

This claim is well in line with what would be expected for a worker with similar importance to insuring the health and safety of the Public and Gardai.


COMPANY'S ARGUMENTS:

An agreement was reached with SIPTU in 2000 and the company has operated the arrangement since that date with the adjustment for taking the vans home that was requested by the Wardens.

To introduce an on-call allowance, including a four-hour minimum payment, would be financially impractical.
Any increase in cost, due to Sunday working, would have to be sanctioned by our client as the contract does not allow for any premium and is not reclaimable.

This claim is being made at a difficult financial time for the Company.




RECOMMENDATION:

There was some confusion at the start of the hearing as to what had been referred to the Court. After some discussion the parties agreed that the issues before the Court were in respect of on-call allowances and Sunday Premium. All other issues had either been resolved at the WRC or withdrawn.

There were two elements to on the on-call a) the Union claim was that a minimum of 4 hours be paid in respect of each call-out and b) that the Workers be paid an on-call allowance. In respect of Sunday Premium, the Union were seeking that the Workers be paid double time.

It is the Employers submission that the amount of calls out are minimum and do not justify an on-call allowance, the Workers are only on call until 8.00pm in Winter and 10.00pm in Summer. In respect of Sunday Premium, the agreed rate is time and half and no case has been put forward for changing that. After the hearing the Employer submitted an email confirming that in the last 12 months there had been a total of 15 call-outs. This figure was not disputed by the Union.

The Court having read the submission and listened carefully to the oral submissions on the day does not recommend any change to the Sunday Premium. In respect of the on-call the Court does not recommend the introduction of an on-call allowance. However, the Court recommends a minimum payment of 3 hours at the agreed rate when a Worker is called out.

The Court so Recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
NJ	______________________
14 OCTOBER 2020	Deputy Chairman