INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
RUSHBROOKE LAWN TENNIS CLUB LIMITED
- AND -
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Recommendation No. 128/98 concerning rate of pay.
2. The worker concerned commenced employment with Rushbrooke Lawn Tennis Club as a bar assistant in 1982. Prior to April, 1997 she was paid a rate of £4 per hour net. The Union argues that in April, 1997 the Club reduced her rate of pay. Local level discussions took place at which a number of issues were resolved but agreement on the worker's rate of pay could not be reached and the matter was referred to a Rights Commissioner for investigation and recommendation. The Rights Commissioner's findings and recommendation are as follows:-
"While there may have been some confusion in the past regarding the worker's correct rate of pay, it seems clear to me that the Club effectively conceded a rate of pay higher than £4 per hour, gross, when it completed the forms in question.
In the circumstances, the Union's claim seems to me to be more than reasonable and I recommend that it be conceded in full.
I therefore recommend that Rushbrooke Lawn Tennis Club Limited should agree to pay the worker at a rate of £4.50 per hour, gross, effective from 1st April, 1997, and that this rate should be accepted by the worker and MANDATE in full and final resolution of this claim. The parties should also agree to discuss annual increases in line with national norms, as appropriate."
The worker was named in the recommendation.
The Rights Commissioner's Recommendation was appealed by the Union to the Labour Court on the 23rd of June, 1998 under Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Cork on the 9th of September, 1998. The Club was not represented at the hearing.
3. 1. The worker received £4 per hour net. This figure is borne out in the P.60's she received from her Employer.
2. The Rights Commissioner found that the Club had conceded a rate higher than £4 per hour gross when it completed the forms in question.
3. The rate of pay from the 1st of April, 1997 should be £4.50 per hour gross and the rate should attract annual increases in line with the National Norms.
4. The Rights Commissioner in his recommendation found the Union's claim to be reasonable. In the circumstances the Court is requested to recommend in the Union's favour.
The Employer wrote to the Court indicating that it would not be attending the Court hearing.
The Court having considered the evidence presented upholds the Rights Commissioner's Recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
22nd September, 1998______________________
Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.