INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
BROTHERS OF CHARITY SERVICES
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr Flood
Employer Member: Mr McHenry
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's recommendation 527/98.
2. The Brothers of Charity Services provide residential and day care services for people with special needs at its Kilcornan Centre, Co. Galway, and currently employs 150 staff.
The worker concerned is employed as an Instructor in Recreation and Physical Education in the Kilcornan Centre since March, 1987. She previously worked in the centre at Galway City. As part of her duty she has to attend Special Olympic Events which are almost always held over a weekend and are held at various venues throughout the country. She has not been compensated financially for this weekend work but has received time off in lieu.
The dispute before the Court concerns a claim by the Union for premium payments for Sunday and Bank Holiday work and subsistence where appropriate in respect of this worker.
The Centre rejects the claim on the basis that no other member of staff receives premium payment for weekend work. They receive time off in lieu.
The Union referred the issue to a Rights Commissioner for investigation. His recommendation issued on the 29th of July, 1998, as follows:-
"In the circumstances I, therefore, recommend:
(a) that the worker and IMPACT should accept that any involvement which she might have in the future with these events should be on a voluntary basis, to be
compensated for on a time off in lieu basis;
(b) that, in return for this acceptance, the Brothers of Charity should offer, and the
worker and IMPACT should accept, a once-off lump sum of £1,000 in full and final settlement of this dispute."
(The worker was named in the Rights Commissioner's recommendation).
The Union appealed the recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 18th of November, 1998.
3. 1. The Special Olympic events are an integral part of the worker's programme and should be recognised as such.
2. The clients availing of this programme have benefited enormously from it.
3. The worker should receive premium payments for Sunday and Bank Holiday work which applies to staff who work a 7-day roster with a requirement to work at weekends.
4. 1. In 1986 her contract applied to her community assignment where there was a requirement to work a 7-day roster with a 35-hour week. This is no longer a requirement since her transfer to the Kilcornan Centre. Since 1987 she has not worked a 7-day roster.
2. Since 1987 the practice has been for all staff who worked at weekends to receive time off in lieu.
3. No premium payments have been paid to staff for working with the Special Olympics at weekends. There is no compulsion on staff to work at weekends. It is voluntary.
The Court considered the written and oral submissions supplied by the parties.
The Court is satisfied that the Rights Commissioner's recommendation is a reasonable approach to resolving this dispute and, therefore, rejects the appeal and upholds the Rights Commissioner's recommendation.
The Court so decides.
Signed on behalf of the Labour Court
11th December, 1998______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.