Dáil debates

Wednesday, 8 May 2019

Ceisteanna ó Cheannairí - Leaders' Questions

 

2:40 pm

Photo of Joan CollinsJoan Collins (Dublin South Central, Independent) | Oireachtas source

There are many serious and important issues to be raised here today and I want to raise again the issue of workers' rights. This is the first opportunity to do so since May Day or International Workers' Day last Wednesday. I contacted the Minister for Employment Affairs and Social Protection in advance to make her aware that I would ask this question and seek clarity. On 7 March last when I raised the issue of the theft of workers' tips by management in the Ivy restaurant down the road from this House, on Dawson Street, the Tánaiste told the Dáil that this practice is "illegal". He said clearly:

Any employer that calculates salary and includes tips in that figure is acting illegally. This cannot be done ... Tips are separate to salary and if there are issues that the Government needs to act on there, then we will look at that closely.

We now know that it is not illegal. The Minister has clarified that, as has Unite the Union. I ask that the Dáil record be corrected in this regard, although I accept that the Tánaiste gave his view in good faith, based on his and my dismay that such a practice could happen and was happening.

When will the Government enact emergency legislation to close the loophole and to make this disgraceful practice unlawful, as the Tánaiste believed it was and as it certainly should be? On the weekend of 6 April, The Ivy restaurant, possibly on legal advice, changed its policy of applying a service charge to tables or five or more to include all tables. It also removed the option to pay a tip via credit card from the payment machine. Customers believe that this service charge goes to waiting staff and back-room staff but it does not. Service charges are discretionary. If customers are happy with their server, they should always pay him or her in cash. This area has to be legislated for immediately.

In recent days another large employer, Peter Mark, imposed a new training fee on its trainees. It did this explicitly to recoup from trainees the benefits lost due to the abolition of training rates to low-paid workers following the Government's much trumpeted and very welcome enactment of the Employment (Miscellaneous Provisions) Act 2018. This matter has been highlighted by Unite the Union, which has written to the Minister for Employment Affairs and Social Protection. Will the Minister, Deputy Bruton, make a statement on this matter? Can we be told what steps will be taken to ensure that legislation will be passed to the benefit of these low-paid workers?

I have asked three questions. When does the Government and the Minister intend to bring in emergency legislation to close the loophole with regard to low-paid workers not receiving service charges and tips from customers? Has Revenue or the Workplace Relations Commission, WRC, investigated The Ivy restaurant or other restaurants whose actions have recently been highlighted in the media, such as the Hard Rock Cafe? On the matter of trainee hairdressers in Peter Mark, what legislative steps will be taken to prohibit employers from such behaviour?

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