LCR23146

PARTIES: 

DIVISION:

SUBJECT:

Complaint under Section 26(1) of the Industrial Relations Act, 1990

BACKGROUND:

This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices
of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour
Court on 3 April 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing
took place on 6 June 2025.

RECOMMENDATION: 

The matter before the Court concerns a claim by SIPTU, on behalf of eight forepersons in South Dublin County Council, who are in dispute with their employer about the opening and closing arrangements at park depots where they work.

The opening and closing of park depots are the responsibility of forepersons. Their duties include unlocking and opening of gates, disabling of alarms and the opening of canteens, sheds, toilet and changing rooms. SIPTU contend that forepersons must complete these duties prior to other staff entering and leaving the premises.

Most staff start work at 8.00am and finish work at 4.45pm daily. Certain staff who attend work early to prep vehicles and ensure they are ready to leave the depot at 8.00am receive a “prep-time” payment (15 minutes @double-time).

SIPTU contends that forepersons must work longer hours to facilitate the normal working times of their colleagues. As a result, they should receive overtime rates for work conducted before the regular start time of 8.00am (30 minutes paid @ double-time) and after 4.45pm when closing and securing the site (15 minutes paid @ time-and-half). SIPTU also seeks a retrospective payment, as the members concerned have undertaken this function for nearly nine years.

The Council’s position is that all forepersons receive a “prep-time” payment (15 minutes @double-time) which is paid to them to facilitate staff who attend work early to prep their vehicles. Having conducted a review, the Council is satisfied that the “prep-time” payment covers the duties carried out. It does not accept that the opening of depots takes longer than catered for in the 15 minutes paid at double time in the morning. The lock up process can commence ahead of 4.45 finish time, with the main door and gate locked after staff exit the premises.

The Court has carefully considered the written and oral submissions of the parties.

The Council employs fifteen workers at foreperson grade, eight of whom are the subject of this claim. All forepersons who are required to be in work prior to normal starting times receive a payment (15 minutes @double-time).

SIPTU contends that this payment is not adequate as its members are required in practice to attend work 30 minutes before 8.00am to open the depots and to remain in work 15 minutes after 4.45pm to close depots. The Council disagrees. The Council’s position is that there is no necessity for forepersons to work outside their set hours. It is satisfied that there is adequate time for forepersons to undertake opening and closing of depots in that time.

In light of the Council’s position that the workers concerned are not required to attend work before 7.45am to open up depots or to remain at work for 15 minutes after 4.45pm to facilitate the closure of depots, the Court can see no justifiable basis upon which it could recommend concession of the unions claim.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
FC	______________________
11 June 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Fiona Corcoran, Court Secretary.