Siptu has been permitted by the High Court to make submissions in an action in which the Irish Hotels Federation and a small hotel operator in Co Clare are challenging the constitutionality of the fixing of a statutory minimum wage for approximately 25,000 workers in hotels outside Dublin, Dún Laoghaire and Cork city.
Siptu has a particular interest in the case as it represented many workers affected and also wanted to ensure that legislation protecting workers is upheld, counsel for the union told Mr Justice Peter Kelly yesterday.
The judge agreed to join Siptu as a notice party to the action brought by Vaughan Lodge Ltd, which operates the Vaughan Lodge, a small hotel in Lahinch, Co Clare, employing 17 staff, Mr Michael Vaughan and the Irish Hotels Federation, against the Hotels Joint Labour Committee, the Labour Court, Ireland and the Attorney General.
Vaughan Lodge and the IHF had opposed Siptu's application while the respondents adopted a neutral position.
Mr Justice Kelly criticised the delay by Siptu in seeking to be joined and said there seemed to have been a "turf war" between the Irish Congress of Trade Unions and Siptu as to which of them should participate. While he had last week refused Ictu's application to be joined, he was satisfied Siptu was a proper party to be joined as they represented many workers directly affected and were the largest trade union in the State.
The challenge, to be heard on February 5th next, is to the decision of the Labour Court of November 5th, 2007, approving proposals for a minimum wage for 25,000 staff in a large number of hotel businesses, and fixing those minimum rates.
The rate fixed is higher than that applied to hotel staff in Dublin, Dún Laoghaire and Cork.
