Labour Court Database
__________________________________________________________________________________
File Number: CD93477
Case Number: LCR14307
Section / Act: S26(1)
Parties: ADELPHI CARLTON GROUP - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
|
Subject:
Dispute concerning the public holiday entitlements of five part-time workers.
Recommendation:
Having considered the submission from the parties, the Court is of
the view that in the circumstances of this employment and under
the existing legislation the appropriate rate of pay for a public
holiday is a "normal day pay" - i.e., in this case, 8 hours.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93477 RECOMMENDATION NO. LCR14307
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ADELPHI CARLTON GROUP
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the public holiday entitlements of five
part-time workers.
BACKGROUND:
2. 1. The company operates the Adelphi and Carlton cinemas in
Dublin. The claim refers to five part-time workers who are
employed for 24 hours per week over 3 days. the workers are
covered by the Worker Protection (Regular Part-time)
Employees Act, 1991.
2. The dispute concerns the payment of the workers for
public holidays which they do not work. At present the
Company pays the workers on a pro-rata basis for the public
holidays which they do not work. This means for those public
hoidays the workers receive 4.8 hours' pay (24 hours divided
by 5 days).
3. The Union's claim is that the part-time workers should
receive a full day's pay for each public holiday not worked
since the effective date of the legislation (6th April 1991).
The claim was referred to the Labour Relations Commission and
a conciliation conference was held on 9th August, 1993.
4. The claim could not be resolved by conciliation and it
was referred to the Labour Court under Section 26(1) of the
Industrial Relations Act, 1990 on 12th August, 1993. A
Labour Court investigation took place on 7th October 1993
(the earliest date suitable to both parties).
UNION'S ARGUMENTS:
3. 1. The Union's interpretation of the relevant legislation
clearly allows for a regular part-time worker to be in
receipt of a full day's pay for each public holiday which has
fallen since 6th April, 1991 (details supplied).
2. The Company has argued that a proposed review of the
Holidays Act should delay the processing of the claim. There
is no reason to believe that any review would have the effect
of reducing benefits awarded under the 1991 Act.
3. While there is no legal definition of the term "a full
day", it would be reasonable to take it to mean the number of
hours normally worked in a day by the workers concerned.
COMPANY'S ARGUMENTS:
4. 1. Regular part-time workers are covered by Section 4 of the
Holidays (Employees) Acts 1973 and 1991 which give them an
entitlement in respect of public holidays regardless of
whether or not they are contracted to work on a public
holiday (details supplied). The unions and the Department of
Enterprise and Employment contend that pay for a public
holiday is a normal day's pay. IBEC has sought legal opinion
on the interpretation of Section 4 of the Holidays Act. This
opinion has confirmed that the company's averaging system is
the fairest and most equitable arrangement.
2. The Company's system is in widespread use throughout the
country since July 1991. It has stood the test of
reasonableness for many years and to change it now would lead
to serious repercussive effects nationally.
3. This issue has been the subject of discussions at EC
level (details supplied) and the pro-rata principal has been
confirmed.
4. The Holidays Act is currently under review and a
discussion documents is to be published shortly. It is the
Company's belief that the issue is a matter of legal
interpretation and one that should be addressed either
through the civil courts or clarified by the legislation.
RECOMMENDATION:
Having considered the submission from the parties, the Court is of
the view that in the circumstances of this employment and under
the existing legislation the appropriate rate of pay for a public
holiday is a "normal day pay" - i.e., in this case, 8 hours.
~
Signed on behalf of the Labour Court
20th December, 1993 Evelyn Owens
J.F./M.M.
Deputy Chairman
Note
Enquiries concerning this Recommendation should by addressed to
Mr. Jerome Forde, Court Secretary.