SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr McHenry
Worker Member: Mr. Somers
1. Appeal by the Union Against Rights Commissioners Decision WT455/00/GF.
2. The appeal concerns workers who are employed by the Company as Sales Assistants in the Commercial Department at Dublin Airport. The Union claims that the workers are not being paid a premium for working on Sundays as provided for under the Organisation of Working Time Act, 1997. It contends that the composition of the Sales Assistants' pay, which was the subject of numerous meetings and correspondence between the parties, has not been clarified to the satisfaction of workers. Management rejected the claim stating that the employees are in receipt of composite pay scales for seven day working which are considerably higher than rates applying in the retail sector generally and that the Company is more than meeting its obligations under the Act. The dispute was referred to a Rights Commissioner for investigation. On the 11th April, 2000 the Rights Commissioner issued his Decision as follows:-
"I am satisfied that this matter was clarified in the past and the correspondence between the Company and the Union bears that out. However, I decide that the Company prepare statements for each of the claimants giving a complete breakdown of payments for all the hours worked."
On the 28th April, 2000 the Union appealed the Rights Commissioner's Decision to the
Labour Court. The Court heard the appeal on the 17th November, 2000.
The Court has given consideration to all aspects of this appeal.
In this case the Court is satisfied that the rate of pay paid to employees is a composite rate and includes an element of compensation for the liability to work on Sundays as required under their contract of employment.
The Court is satisfied that the company are in compliance with Section 14 (1) of the Organisation of Working Time Act, 1997, which stipulates that;
An employee who is required to work on a Sunday (and the fact of his or her havingtowork on that day has not otherwise been taken account of in the determination of his or her pay ) shall be compensated by his or her employer for not being required so to work by the following means,.........
The Court is satisfied that the requirement to work on Sundays has been taken into account in the determination of the appellants pay, therefore, the appellant does not have a case under the Act.
The Court, therefore, rejects the appeal and upholds the Rights Commissioner's decision.
The Court so determines.
Signed on behalf of the Labour Court
14th December, 2000______________________
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.