INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
ADVANCED TECHNOLOGY CONCEPTS LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Flood
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation IR7416/02/MR.
2. In 1986, the worker concerned commenced employment as a General Operative at Castlelake Waterworks located near Sixmilebridge, Co. Clare. Over the years he worked for various contractors. Shannon Development has the ultimate responsibility for the management and operation of the plant.
The dispute before the Court concerns a claim by the Union on behalf of the worker concerned for payment for working on a number of Public Holidays.
The Company rejects the claim stating that in 1992, an Agreement was concluded between Shannon Development and the Unions that two direct employees would work four hours on each Public Holiday to operate the plant. The worker concerned reported for work on the Public Holidays when there was no requirement for him to do so. The Union states that these two workers are carrying out duties on the Public Holidays that the worker concerned normally carries out on a day to day basis.
The issue was referred to a Rights Commissioner for investigation an recommendation. His recommendation issued on the 16th of August, 2002, as follows:-
"The worker concerned should agree not to attend for work on any occasion during the rest of 2002 that he is not specifically authorised to do so in advance by management;
ATC should agree to pay the worker concerned a once-off lump sum of €300 forall the overtime hours that he has worked without prior authorisation up to the present;
ATC and the Union should begin discussions at an early date with a view to putting new arrangements in place regarding the worker's overtime working from 1st January, 2003 onwards;
If Shannon Development deem it necessary to make amendments to the 1992 Agreement as a result of the worker's revised arrangements, such amendments should be negotiated with the affected parties in line with the appropriate procedures."
( The worker was named in the Rights Commissioner's recommendation).
The Union appealed the Recommendation to the Labour Court on the 14th of September, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 2nd of April, 2003, the earliest date suitable to the parties.
3.1.The work carried out by the two employees of Shannon Development on Public Holidays is work normally carried out by the worker concerned on a day to day basis.
2. Any overtime available should be offered in a fair manner and excluding the worker concerned from Public Holiday overtime on work which is part of his day to day duties is unfair.
3. The worker concerned should receive fair compensation for overtime worked and lost overtime opportunity. A fair and impartial overtime system should be
4. 1. It is unreasonable and unrealistic of the worker concerned to report for
overtime work on Public Holidays when he was advised in advance that he was not required to do so.
2. The employer must reserve the right to administer overtime on Public Holidays
in accordance with the requirements of the business.
3. The Company accepts the Rights Commissioner's recommendation as a reasonable basis to resolve the issue in dispute between the parties.
The Court having considered the written and oral submissions believes that the Rights Commissioner's Recommendation that the parties "begin discussions at an early date with a view to putting new arrangements in place regarding the appellant's overtime working from 1st January, 2003 onwards" is the way forward to resolve this dispute.
The Court therefore, upholds the Rights Commissioner's Recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
14th April, 2003______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.