A Dublin health and fitness company has been told by the Labour Court to significantly improve the pay and conditions of a number of its creche workers.
Siptu told the court that employees in the Clontarf creche, operated by West Wood Club Ltd, were paid the minimum wage of €7.65 an hour for a 45-hour week. Although the creche was open seven days a week the staff received no premium payments, the union said.
As well as pay increases, the union sought the introduction of a sick-pay scheme and changes to the company's grievance and disciplinary procedures.
West Wood operates fitness clubs in Clontarf, Leopardstown and Sandymount. It does not recognise Siptu for collective bargaining purposes and refused to attend hearings of both the Labour Relations Commission and the Labour Court.
In legal correspondence with the court, it said Siptu's claims were "patently false" and argued that as all breaks were paid for, the creche workers were paid more than the minimum wage.
The company also claimed statutory preconditions for a court investigation into the matter had not been met. But this was rejected by the court in a determination published on its website.
The court said the company had been given "every opportunity" to attend a hearing and address the union's claims but had failed to do so.
It told the company that rates of pay for unqualified childcare workers should be increased to €8.24 an hour on commencement of employment, rising to €8.77 for "above standard performance".
Qualified childcare workers should be paid between €8.82 and €9.45 an hour, it said, while specialist/montessori personnel should receive €10-€10.80.
The court also determined that wages should be paid on a fortnightly, rather than monthly, basis after the union said workers found it difficult to stretch their pay over a month.
The company was also told by the court to introduce overtime payments for weekend working and all hours worked in excess of 39 hours per week. It further told the company to introduce a sick pay scheme and to provide for third-party representation in grievance and disciplinary cases.
The court's determination is legally binding but can be appealed to the Circuit Court. It applies only to the 16 Siptu members employed in Clontarf.
