EMPLOYERS in the sport horse world are keeping a close eye on Ballydoyle’s upcoming appeal to the High Court after the Labour Court last week dismissed Ballydoyle’s appeal against compliance notices issued by the Workplace Relations Commission over staff’s working time and annual leave.

Last Friday’s ruling confirmed the removal of agricultural-worker status from racing stable staff in a decision that has serious implications for the equine industry throughout Ireland.

Ballydoyle is now set to appeal the Labour Court ruling in the High Court. It’s expected to be some time before that case will come up for hearing.

The WRC said it noted the outcome of the Labour Court ruling and said it was working with the equine industry to increase both awareness and compliance. It’s expected to release an employer’s guide in the near future.

In the ruling, Labour Court deputy chairman Alan Haugh cited three dictionary definitions of ‘agriculture’ and ruled that Ballydoyle Racing fell outside those definitions.

The Labour Court rejected Ballydoyle’s contention that it was entitled to the derogation from providing statutory rest periods for agricultural activities under the Organisation of Working Time Act, and allowed the WRC compliance notices to stand. During an inspection at Ballydoyle in May 2016, a WRC inspector found a number of breaches of the Organisation Working Time Act involving failure to provide sufficient breaks and rest periods for five grooms and exercise riders.

Compliance notices were issued against the employer in respect of those breaches.

Ballydoyle Racing argued it was exempt from provisions of the Organisation of Working Time Act because its staff were engaged in agricultural activities and that its training was carried out in conjunction with the activities of Coolmore Stud Farm, which has the same ultimate owners, but is a separate legal entity.