BALLYDOYLE Stables has discontinued its appeal against compliance orders served by the Workplace Relations Commission [WRC] but the wait for legal recognition of the racing industry’s need to have flexibility around working hours looks set to continue.

This issue has plagued Irish racing for two years, ever since an inspection by the WRC found that Ballydoyle was in breach of the Working Time Act. Though no employee has filed a complaint, the inspectors found some instances of staff working more hours than legally allowed and not taking sufficient days off.

On the basis that their business was ‘agricultural’ and believing that certain exemptions should apply, Ballydoyle contested the compliance orders but the Labour Court ruled against them in September of last year. This decision was appealed to the Circuit Court and, in the meantime, industry stakeholders have been working behind the scenes with the aim of having a statutory instrument passed which would allow all racehorses trainers some leeway when rostering staff.

SOLUTION

Horse Racing Ireland chairman Nicky Hartery has indicated publicly, at least twice in recent months, that a solution to the problem was close at hand.

At Nenagh Circuit Court this week, Ballydoyle’s legal team informed the bench that it was discontinuing its appeal. Observers believed that this change of course from Ballydoyle hinted that Regina Doherty, Minister for Employment Affairs, was ready to sign off on the long-awaited statutory instrument.

But The Irish Field understands that the WRC remains concerned about racing industry working practices.

According to RTÉ News, the Department of Business, Enterprise and Innovation says that counsel for Ballydoyle Racing “declined to indicate that they are now in compliance with the Labour Court determination.”

The Department confirmed that the racing industry continues to be the focus of inspections and that already this year 36 of the 42 yards were found to be non-compliant with aspects of employment legislation.

A spokesperson for Ballydoyle told RTE: “We are fully aware of our obligations as an employer and following the withdrawal of the appeal we have immediately taken steps to ensure that our rosters are compliant with the Compliance Notices as served.”