INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Failure to hire dressers.
2. The Point Theatre operates an agreed list of dressers who are employed by the various production companies when they use the Point. In July, 1996, the show "Lord of the Dance" brought four wardrobe staff to the Point including one dresser. When both parties became aware of the incoming staffing situation the promotion company was informed of the agreed procedure for recruiting staff and a further three dressers were recruited from the Point's list.
The Union claims that four dressers lost the opportunity of work due to management's failure to ensure that agreed procedures were followed. It is seeking compensation for the staff concerned. Management states that there was no intention to deprive dressers of work and that the extra dressers were recruited from the Point's list.
The dispute was the subject of a conciliation conference on 18th October, 1996 under the auspices of the Labour Relations Commission. The Company made an offer of £500 compensation which was rejected by the Union. As agreement could not be reached the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on 13th January, 1997, the earliest date suitable to the parties.
3. 1. Management failed in its responsibility to its staff to ensure that the promoter followed agreed recruitment procedures. Management's offer of £500 compensation to be divided between 4 people is inadequate as the dressers who were employed on the show earned approximately £2,000 between them.
2. Two of the most senior dressers were not contacted with an offer of work, while a third was given insufficient time to make domestic arrangements. The four dressers involved in the claim lost a total of two weeks' work per person.
4. 1. Management is dedicated to the continued employment of its dressers and all companies staging shows in the Point Theatre are given a full list of regulations regarding the employment of casual staff.
2. The crewing requirement for stage hands, riggers, etc, was met by Point staff. No dressers were requested. As the show was an original production it was not possible to check whether dressers had been used previously.
3. When management became aware of the problem an additional three dressers were employed from the Point list in order of seniority and availability. The Company's offer of compensation was made in order to maintain good industrial relations although management believes that it does not have a case to answer.
The Court is of the view that the Point Theatre management has the responsibility to ensure that incoming organisations abide by the agreed rules.
The Court recommends that the four people named at the Court hearing should be paid 3 days' pay as compensation in full and final settlement of this issue.
Signed on behalf of the Labour Court
27th January, 1997______________________
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.