S.I. No. 457/2003 - Employment Regulation Order (Catering Joint Labour Committee (For The Areas Known Until 1St January, 1994 As The County Borough of Dublin and The Borough of Dun Laoghaire), 2003

1. The Sick Pay Scheme will be a non-contributory scheme.

2. No payment will be made for the first 3 days of any absence.

3. The employer is to be contacted within 1½ hours of the employee's normal starting time on the first day of absence.

4. A doctor's certificate, signed by a medical practitioner, is required on the third day of absence specifying the nature of the illness, and weekly thereafter.

5. At the choice of the employer, the sick pay scheme will apply on a calendar year basis, either from 1st January to 31st December or from 1st April to 31st March, with no transfer of benefit from one year to the next. Individual employees will be eligible for benefit under the scheme after 1 years' continuous service.

6. The Scheme will apply to full-time staff, and part-time staff on a pro rata basis.

7. Any employee found to be abusing the Sick Pay Scheme will be subject to the full disciplinary procedures up to and including dismissal.

8. The employer will reserve the right to refer an employee for an assessment by the Company doctor. The employer will meet the cost of the referral.

9. The Sick Pay Scheme will not cover absences relating to the following

- Traffic accident(s)

- Substance abuse

- Dangerous sports (i.e. Martial Arts mountaineering, skiing, parachuting, flying as a hobby, hang-gliding)

- Injuries sustained while working for another employer.

10. Entitlements under the Sick Pay Scheme would be applied on the following basis

For part-time staff

After 1 years' service: 1 weeks' basic pay on a pro rata basis, less social welfare.

After 2 years' service: 2 weeks' basic pay on a pro rata basis, less social welfare.

After 3 years' service: 3 weeks' basic pay on a pro rata basis, less social welfare.

(Pay will be based on average of preceding 13 weeks worked for part-time staff).

For full-time staff

After 1 years' service: 1 weeks' basic pay, less social welfare.

After 2 years' service: 2 weeks' basic pay, less social welfare.

After 3 years' service: 3 weeks' basic pay, less social welfare.

It will be the responsibility of the employee to claim social welfare entitlements while on sick leave.

11. Twelve months after the effective date of the Order, all staff who qualify will be entitled to 3 weeks basic pay, less social welfare.

12. Payments will only be made when absence is medically certified.

6.

Certification

Each worker shall be entitled to receive from his/her employer on termination of his/her employment a certificate of service showing the period of his/her employment, and the grade in which he/she has been employed.

7.

Disciplinary/Grievance Procedure.

Each company will include in the conditions of employment details of the procedure to apply in the event of dismissing an employee. Such procedures will include the warning stages to apply prior to dismissal and will make reference to verbal and written warnings, and to the fact that, depending on the nature of the misconduct/performance, the preliminary stages of the procedures may be bypassed.

(a) In the event of a summary dismissal, no decision will be taken until this matter has been fully investigated by management.

(b) The procedures will also state that an employee may be represented at any stage of the disciplinary procedure by a person of his/her choice.

An employee may wish to challenge a dismissal to a Rights Commissioner, the Labour Relations Commission, the Labour Court, the Equality Authority, the Employment Appeals Tribunal or pursue the matter under common law.

8.

Day Release Training

Where trainees are following designated apprenticeship training courses which have as a component a day release element, they shall be entitled with pay to attend such courses provided day release attendance is certified. Attendance on a day release programme shall be determined as a day worked for the purpose of calculating weekly working hours and statutory entitlements.

9.

Notice of Termination

Except in certain circumstances justifying immediate termination of employment by the employer, employees will be entitled to receive the appropriate period of notice as set out in the Minimum Notice and Terms of Employment Acts 1973-1991.

Section IV

Nothing in this Employment Regulation Order shall be taken to exclude, limit or be in any way inconsistent with the rights of any employee under any statutory enactment.

Given under the Official Seal of the Labour Court this 26

th

day of September, 2003.

(Signed) KEVIN DUFFY

DEPUTY CHAIRMAN

EXPLANATORY NOTE

This note is not part of the Instrument and does not purport to be a legal interpretation.

This Instrument fixes, with effect from 10

th

October, 2003 statutory minimum rates of remuneration and statutory conditions of employment of certain workers employed in catering establishments in the areas known until 1st January, 1994 as the County Borough of Dublin and the Borough of Dun Laoghaire. It is made by the Labour Court on the recommendation of the Catering (County Borough of Dublin and Borough of Dun Laoghaire) Joint Labour Committee.

*

These provisions may be modified in relation to employment of close relatives in a family business.

**

As far as practicable, the days off are to be consecutive.

**

As far as practicable, the days off are to be consecutive.

WHEREAS

the Labour Court (hereinafter called “the Court”), pursuant to the provisions of

Sections 35

and

39

of the

Industrial Relations Act, 1946

(hereinafter called “the Act” and

Section 45

of the

Industrial Relations Act, 1990

(hereinafter called “the 1990 Act” made the Catering Joint Labour Committee (County Borough of Dublin and the Borough of Dun Laoghaire) Establishment Order, 1992 (

S.I. No. 351 of 1992

) establishing the Catering (County Borough of Dublin and the Borough of Dun Laoghaire) Joint Labour Committee (hereinafter called “the Committee”);

AND WHEREAS

the Committee has submitted to the Court the proposals set out in the Schedule hereto for fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS

the provisions of Section 48 of the 1990 Act have been complied with;

NOW, THEREFORE

, the Court, in exercise of the powers conferred on it by Section 48 of the 1990 Act, hereby Orders as follows:-

(1) This Order may be cited as the Employment Regulation Order (Catering Joint Labour Committee (for the areas known until 1

st

January, 1994 as the County Borough of Dublin and the Borough of Dun Laoghaire), 2003.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The provisions set out in the Schedule hereto shall have effect as from 10

th

October, 2003.

Published by the Stationery Office, Dublin.

NOTE

Enquiries should be addressed to

The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4

(Telephone 01-6136666, Extension Nos. 6639, 6640 6641 and 6642. “Lo-call” number (if calling from outside (01) area 1890 220 228).

SCHEDULE

PART I

WORKERS TO WHOM THIS SCHEDULE APPLIES