Ballydoyle in court challenge over alleged employment breaches

Possible shortcomings in the treatment of Irish stud and stable staff were highlighted on Wednesday, when it emerged that Ballydoyle Racing Stables is challenging a Workplace Relations Commission notice to comply with employment legislation.

A pre-announced WRC inspection last year at Coolmore's flagship stable, run by Aidan O'Brien, identified what it alleges are serious breaches of employment law.

In the case of the WRC findings against Ballydoyle, a compliance notice was issued after inspectors detected a number of alleged breaches in relation to excessive working hours.

Barrister Rosemary Healy Rae, representing the WRC, said inspectors discovered that several employees had worked 19 hours during a 24-hour period and had not been afforded the stipulated compensatory rest periods. It was alleged some employees had worked 28 consecutive days without a day off.

The thrust of the defence put forward on Ballydoyle's behalf by Paul Gallagher, a leading barrister and former Attorney General, is that the exercise riders and grooms in question are exempt from the requirements of the Organisation of Working Time Act because they are engaged in agricultural work. Under the 1997 legislation employers can take advantage of a specific exemption in respect of agricultural labourers.

Gallagher told Wednesday's hearing that the WRC had failed to take into account this aspect of the Ballydoyle operation, and the role of certain workers within it.

The Labour Court adjourned the hearing and is set to resume its deliberation on August 28.

New report published

Wednesday's hearing took place just 24 hours after the publication of a report authored by former trade union official Dermot O'Loughlin, who was commissioned to examine the sector by the Independents4Change grouping in Dail Eireann.

O'Loughlin's brief was to examine a range of issues involving pay, conditions and employee welfare among stud and stable staff. He alleged widespread malpractice in the thoroughbred industry when introducing his preliminary conclusions in the company of TDs Clare Daly and Mick Wallace in Dublin on Tuesday.

The alleged ineffectiveness of pre-announced WRC inspections was a recurring theme of O'Loughlin's report. A former stud employee who attended Tuesday's press conference was critical of the manner in which his particular case, against an unnamed "big player" in the industry, was handled by the WRC.

Grassick's confidence in deal

Earlier on Wednesday Michael Grassick, chief executive of the Irish Racehorse Trainers Association, expressed full confidence in the integrity of the deal with the Irish Stable Staff Association that came into effect on January 1 this year and is due to run until May 2019.

The agreement, involving minimum terms and conditions for stable staff, has been described as "non-enforceable" by O'Loughlin.

Grassick said: "We conducted our negotiations with the Irish Stable Staff Association in good faith, and I believe they engaged with us in the same way. The agreement was brokered with the help of Carol Nolan from Horse Racing Ireland, who mediated the discussions. I believe all sides were happy with the successful outcome of the negotiations."

O'Loughlin criticised the mechanism designed to investigate any possible breaches of the agreement. The deal established a referral committee to adjudicate on complaints or disputes, but O'Loughlin has dismissed this as "a cynical public relations stunt".

Grassick rejected the claim. He said: "There is provision for a referral committee, and it would involve representation from ourselves, ISSA, the Turf Club and HRI. The truth is that it has not been brought into play for the simple reason nobody has made a complaint involving the agreement. If someone comes forward with a complaint it will be dealt with in the proper way set down in the agreement."

Grassick also confirmed that long-standing difficulties involving the Stable Employee Pension Scheme, dating from the winding up of a previous scheme in 2010, are close to resolution.

He said: "We have just heard from the Revenue Commissioners within the last week or so, and it looks as if we are on course to have the new scheme up and running by September 1. Employees who are eligible for the scheme can be assured that this issue has now been addressed."

Meanwhile, HRI has "noted" O'Loughlin's report. A statement from the organisation said it "will study the report and will be happy to meet with Independents4Change and any other interested parties to discuss its contents".

The statement continued: "Horse Racing Ireland is working with the WRC to assist in ensuring compliance with all relevant legislation and would not condone any situation where employees were mistreated."