LCR22630

1.Sunday Premium Pay Issue.

BACKGROUND:

2.This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 20 October 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990.



RECOMMENDATION:

Background to the Dispute:

The within dispute relates to payment of Sunday premium to General Operatives employed by Keelings Logistics Solutions Unlimited Company (‘the Company’) at a facility in Ballymun which it manages under contract for a large retailer. It is common case that the Company has paid a premium for Saturday work since 2002 on foot of a Procedural Agreement concluded by the Parties that year. That premium payment is currently €65.07 per Saturday shift in addition to unsocial premiums when a Saturday is worked.

The dispute was the subject of a previous Labour Court hearing and Recommendation, LCR22108, dated 4 March 2020. Following that hearing, the Parties engaged locally and with the assistance of the Workplace Relations Commission but did not reach an agreement to resolve the dispute. They, therefore, agreed to refer the matter back to the Labour Court.

The Union’s Submission:

The Union raised the issue of Sunday premium on behalf of its members in 2017. It submits that the Company has failed to demonstrate that its members who are required to work on Sundays at the Ballymun facility receive a Sunday premium.

The Company’s Submission:

The Company refers to the 2002 Procedural Agreement that was concluded after the introduction of Saturday Working and the agreement to pay a Saturday premium. It is submitted on behalf of the Company that the Procedural Agreement also provides for composite rate of pay that includes an element of Sunday premium.

Recommendation:

The Court recommends that the premium that is currently paid for Saturday work be evenly split over Saturdays and Sundays. The Court further recommends payment of a once-off voucher of €200.00 to all affected Workers within one month of both Parties’ acceptance of the Court’s Recommendation.

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
SL	______________________
15 July 2022	Deputy Chairman