INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
SUTCLIFFE CATERING SERVICES
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
1. Appeal against Rights Commissioner's Recommendation BC85/95.
2. The worker commenced employment in 1989 with the former J.D. Carroll Catering Company, which was taken over by Sutcliffe Catering Services in 1992. The worker was employed in a full-time capacity (39 hours per week) at the Blood Transfusion Board on Mespil Road. She also did catering assistant duties at the Bank of Ireland Training Centre. When the Training Centre closed in June, 1993 the worker's hours were reduced to 20 hours per week. The worker was paid £300 compensation for the loss of hours.
In September, 1993, the worker moved to the Bank of Ireland Head Office in Baggot Street as a full-time catering assistant. Some time after moving, the worker noticed that her rate of pay was less than it had previously been, and that the Company was applying the National Catering Organisation (NCO) rate.
The dispute was the subject of a number of meetings at local level and was referred to the Rights Commissioner. A hearing took place on 18th September, 1995. The Rights Commissioner's Recommendation is as follows:-
"My recommendation is that the claim should succeed and the hourly rate of pay of the worker should be restored to that applied to her when at Pelican House (subject to impact of national agreements) this rate should be applied retrospective to the 13th September, 1995."
The Company appealed the Recommendation to the Labour Court on 17th April, 1996, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 12th June, 1996 in Galway.
3. 1. The worker's employment has been continuous since she joined J.D. Carroll Catering Company in 1989. She was not made redundant at any time and, as such, her previous rate of pay should continue. Other workers who transferred to different units retained their rate of pay.
2. When the Company took over J.D. Carroll Catering Company, all workers were informed by letter that their rights and conditions of employment were covered by the E.U. (Safeguarding of Employees Rights on Transfer of Undertaking) Regulation 1980.
4. 1. The worker applied for the position in Bank of Ireland Head Office in September, 1993. Before accepting the position, the personnel manager informed the worker that the Head Office was a former NCO unit, and that different terms and conditions applied than those at Mespil Road. The worker claimed that she understood and accepted the situation.
2. The worker's rate of pay at Mespil Road was £3.81 per hour. It is now £3.70. She receives an attendance bonus of £148.00 which is paid at Christmas, and can also avail of 2 hours' overtime per week which was not available before the transfer. Taking the overtime into account, the worker receives an additional £623.20 per year than she had at the time of her transfer.
The Court, given all the circumstances of this case, considers that the rate of pay recommended by the Rights Commissioner should be applied to the claimant on a "red circled" basis.
The Recommendation of the Rights Commissioner should be amended accordingly.
The Court so decides.
Signed on behalf of the Labour Court
29th July, 1996______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.