FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BREAFFY HOUSE HOTEL (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Proposed change in Sunday working arrangements.
BACKGROUND:
2. The Hotel, which is situated in Castlebar, Co. Mayo, employs approximately 100 staff. Recently,following negotiations, the Hotel implemented the Employment Regulation Order (ERO) for the Hotels Joint Labour Committee. The issues in dispute involved overtime and Sunday working. Agreement was reached and arrears were paid to staff.
Traditionally approximately 16 or 17 staff worked every Sunday during the off-season, for which they were paid double time. Part III, Section 1.2 of the ERO states "during the off-season the normal working fortnight shall be 10 days, calculated on the basis of alternate Sundays off." Section III, 3(ii) also states "when an employee works a full day on a Sunday which is in addition to the 78 hour rostered fortnight he/she shall receive two additional days pay based on the rate without board or lodging and pro rata for part days." Management proposes to roster staff off on alternate Sundays, in line with the terms of the ERO, as it argues that it cannot afford to pay treble time to staff every alternate Sunday. Alternatively, staff members may choose to work every Sunday at the existing double time rate. The Union rejects Management's proposals and seeks payment of treble time for alternate Sundays, if worked, or, if staff are to be rostered off, compensation for loss of overtime earnings.
The dispute was the subject of a conciliation conference on 13th August, 1996, under the auspices of the Labour Relations Commission. As the issue could not be resolved it was agreed to refer the dispute to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 17th September, 1996.
UNION'S ARGUMENTS:
3. 1. It has been the custom and practice for the staff concerned to work consecutive Sundays during the off-season. They have given dedicated service to the Hotel, some of them for over 20 years, and cannot afford to have their modest incomes reduced by the loss of Sunday overtime.
2. Management states that it must roster staff off for financial reasons, yet it offers the workers the option of working each Sunday for an inferior rate to that set out in the ERO. Business is thriving and there is no reason why the Hotel cannot comply with the rates of pay set down in the ERO or pay compensation for loss of earnings.
HOTEL'S ARGUMENTS:
4. 1. The Union has consistently stressed the importance of applying the terms of the ERO. All past irregularities have been dealt with and the Hotel is willing to roster staff off on alternate Sundays in the off-season as dictated by the ERO.
2. The Hotel's rates of pay are in excess of those set out in the ERO. However, the current payment of double time on Sundays results in a non-profit situation and, therefore, the payment of treble time would generate substantial losses which would force the Hotel to close for business on Sundays in the off-season.
RECOMMENDATION:
The Court, taking into account the written and oral submissions of the parties, recommends as follows:-
The terms of the Hotel industry ERO regarding rostering in the off-season for only every second Sunday should be implemented hence forward.
Following completion of the off-season period next Easter, the actual loss of earnings of the 16 individuals concerned due to any reduction in Sunday earnings as against the previous off-season should be calculated. Such amounts calculated should then be paid to each individual as a once-off payment in full and final settlement of the change to alternate Sunday rostering.
Signed on behalf of the Labour Court
Evelyn Owens
26th September, 1996______________________
D.G./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.