The decision of Ireland’s Labour Court that stable staff are not exempt from the Organisation Working Time Act has been described by Horse Racing Ireland’s (HRI) chief executive, Brian Kavanagh, as being of ‘very serious concern’.
The case arises out of an inspection by the Workplace Relations Commission (WRC) at Aidan O’Brien’s Ballydoyle’s stables in May 2016. This resulted in compliance notices being served relating to the failure to provide sufficient breaks and rest periods to grooms and exercise riders. Ballydoyle Racing appealed. The case was heard by the Labour Court in July and August of last year, but for some inexplicable reason a decision has only just been reached, with the full judgment due to be published on Wednesday.
In so far as details of the hearing are available, it is clear there was much technical argument about the validity of the notices, but the central issue was whether Ballydoyle Racing was exempt, because the staff were engaged in agricultural activities. Aidan O’Brien gave evidence at length and explained that the relationship between a horse and an individual staff member was unique and couldn’t be replicated by bringing in another worker to cover rest periods. He went further saying that to do so would put both the employee and horse at risk. The case was strengthened by at least one member of staff telling the Tribunal that such was their devotion to the job, they would come into work during what little free time they had.
The Panel of three also heard from the Commission that staff worked up to 19 hours a day and at times 28 days without a break. In reaching its decision that the exemption did not apply, the Chair referred to three dictionary definitions of ‘agriculture’. It is understood that Ballydoyle Racing will appeal to the High Court.
My view, for what it’s worth, is it is not unreasonable that workers should expect a minimum rest period of 11 consecutive hours and a weekly break of 24 hours, in accordance with the statute. I would also question if the welfare of a horse and employee can be guaranteed by having to work the gruelling hours cited at the hearing. On a practical level, I wonder if the recruitment crisis so often complained about by trainers, is going to be addressed by one of their own going to such lengths to try and exclude his employees from basic employment rights.
Of course, my view doesn’t matter, but I do question the authority Brian Kavanagh had to enter the debate. HRI is Ireland’s racing governing body. Its mission statement is “To Develop and Promote Ireland as a World Centre of Excellence for Horse Racing and Breeding”. There’s nothing about being a Union representing the interests of trainers. If there’s any doubt where Kavanagh’s loyalties lie, there is a clue in a further statement he made about “working with the WRC ….. to come up with the best practice possible, where the welfare of staff is taken into account”. Not the welfare of the staff is “paramount” or even “important”, just “taken into account”. I would argue that any industry is only as good as its workers and the better they are looked after the more successful it is, but as for Mr Kavanagh if he wishes to be a spokesman for trainers, I would advise him to join a different organisation.