Labour Court Database
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File Number: CD87920
Case Number: LCR11636
Section / Act: S20(1)
Parties: DUNNES STORES (CORNELSCOURT) LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
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Subject:
Dispute concerning suspension for eating lunch and playing cards in the locker room.
Recommendation:
4. The Company is correct to insist that gambling does not take
place on the premises. However as there is no evidence that it
does occur and as the present usage of the locker room facilitates
the canteen operation, the Court recommends that this usage should
be allowed continue without change.
Division: Mr O'Connell Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87920 RECOMMENDATION NO. LCR11636
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES (CORNELSCOURT) LIMITED
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning suspension for eating lunch and playing
cards in the locker room.
BACKGROUND:
2. During the course of a dispute on canteen prices and hot water
facilities in the staff canteen the Company decided to ban the
practice of eating lunch and playing cards in the locker room.
The Company also told staff that they would be suspended if they
attempted to break the ban. The Union rejected the Company's
proposal and on 3rd November, 1987 referred the matter to the
conciliation service of the Labour Court. The Company was
unwilling to attend a conciliation conference. Therefore, the
Union referred the dispute to the Court for investigation and
recommendation under Section 20(1) of the Industrial Relations
Act, 1969. The Union agreed to be bound by the Court's
recommendation. A Labour Court hearing was held on 21st December,
1987. The Company did not attend the hearing.
UNION'S ARGUMENTS:
3. 1. The practice of eating and playing cards in the locker
room had been in existence for some time. However, during the
course of a dispute on canteen prices and hot water facilities
in the staff canteen the Company decided to ban it and told
staff that they would be suspended if they attempted to break
the ban. This is unacceptable to the Union.
2. The Company complaint about card playing refers to male
staff. It has stated that it cannot prove that gambling is
not taking place and therefore no card playing can take place.
The card playing is thoroughly innocent behaviour. Gambling
is not involved and in the past some managers participated in
the lunchtime games.
3. The Company should lift the threat of suspension or any
disciplinary action from the workers who wish to play cards at
lunch and those who wish to continue to take their lunch in
the locker rooms.