The National Employment Rights Authority (NERA) had commenced inspections of companies employing Door Security Personnel (DSP) and were applying the terms and conditions of the Guarding Services Employment Regulation Order to that discipline. The Irish Security Industry Association disputed this with NERA but, finally, had to resort to seeking a determiation from the Labour Court.
The Labour Court agreed a sitting on 28 January 2010 and heard both sides. The ISIA asked Tim O'Connell of IBEC to represent their position. The ISIA contended that when the Order was made in 1998 fixing the statutory rates of remuneration and regulating the statutory conditions of workers in relation to whom the JLC operates, no representations were made to include a separate security discipline, called Door Supervisors (or Bouncers as they were known at the time.
NERA held that the definition of the ERO was sufficiently clear and unambiguous and on a literal plain reading provisions of the Order the definition clearly described the duties and functions of Door Supervisors engaged in Security Duties for contract clients and their employers.
The Labour Court in its decision stated that the duties of DSP are qualitatively different to those of security operatives in the generality of the security industry.
The Court was satisfied that ERO's do not apply to workers known as Door Supervisors. Read
Irish Security Industry Association Ltd, A company limited by Guarantee and not having a Share Capital, Company Number 36632 VAT Registration No.14072480 Reg.Add: Security Centre, Unit 1 IDA Industrial Est., Balbriggan Co. Dublin, Ireland.
