Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Labour Court

Dáil Éireann Debate, Tuesday - 20 February 2018

Tuesday, 20 February 2018

Ceisteanna (93, 552, 553)

Martin Heydon

Ceist:

93. Deputy Martin Heydon asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to difficulties being faced in the horse racing and breeding industries due to a recent Labour Court ruling affecting the classification of persons in the industry and the need for flexibility to take account of the unique nature of these industries in rural Ireland; and if she will make a statement on the matter. [8425/18]

Amharc ar fhreagra

Clare Daly

Ceist:

552. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if discussions are expected to reclassify stable staff as agricultural workers further to a recent determination (details supplied) issued by the Labour Court into the classification of stable staff working in horse racing. [8459/18]

Amharc ar fhreagra

Clare Daly

Ceist:

553. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the efforts she is making to protect stable staff involved in horse racing under the Organisation of Working Time Act 1997; and if she will make a statement on the matter. [8460/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 93, 552 and 553 together.

The Labour Court determination in question involves a case where the Court, in exercising its independent and quasi-judicial functions, found against an employer in the horse racing industry in relation to breaches of the working time legislation.

The Organisation of Working Time Act 1997 (the 1997 Act) sets out statutory rights for employees in relation to working time including work breaks and rest periods, maximum working time, night work and holidays. The 1997 Act transposed the EU Working Time Directive – Directive 2003/88/EC. The purpose of the Directive is to establish minimum health and safety requirements for the organisation of working time for employees.

While the Directive sets down limits on the time that workers can work without rests, it does allow some flexibility in relation to the application of some of its provisions. In this regard, it provides for derogations and exemptions under certain circumstances from some of its provisions. These derogations, which are provided for under the 1997 Act, are conditional on workers being granted ‘equivalent compensatory rest’. So, while employers may operate a more flexible system of working, employees must not lose out on rest periods. In all of this, I am very conscious that the purpose of the Working Time Directive is to protect the health and safety of employees. I understand that the Labour Court, in its determination of this particular case, found that the derogations available in the legislation did not apply to the employees in question. The Court is independent in the performance of its statutory functions in this regard. As Minister for Employment Affairs and Social Protection, I have no role in relation to the adjudicatory functions of the Labour Court.

Representations have been made to me from the horse racing and breeding industry and from my colleague the Minister for Agriculture, Food and the Marine about the concerns that exist in the industry arising from the Labour Court ruling. In light of the representations made to me, I have written to the Attorney General seeking his advice on this matter.

I understand that the employer involved has appealed the Labour Court determination to the Circuit Court and the case is returnable for a date in April 2018. In the circumstances it would be inappropriate for me to comment further on the matter.

Barr
Roinn