Labour Court Database __________________________________________________________________________________ File Number: CD87165 Case Number: LCR11167 Section / Act: S67 Parties: GREENDALE COMMUNITY SCHOOL - and - IWWU |
Claim on behalf of six part-time cleaners for thirteen days paid annual leave (1.08 days for each month of employment) and payment for public holidays with effect from 1st January, 1987.
Recommendation:
5. The Court is of the view that the subject matter of this claim
should be pursued in the context of the holiday entitlements which
should apply generally to part-time cleaners, who are employed by
the State. The Court has recommended in other cases that
negotiations should take place on the introduction of pro-rata
entitlements to annual leave for part-time employees.
Division: Mr Fitzgerald Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87165 THE LABOUR COURT LCR11167
CC862055 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11167
Parties: DEPARTMENT OF EDUCATION
GREENDALE COMMUNITY SCHOOL
and
IRISH WOMEN WORKERS' BRANCH
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Claim on behalf of six part-time cleaners for thirteen days
paid annual leave (1.08 days for each month of employment) and
payment for public holidays with effect from 1st January, 1987.
Background:
2. The workers concerned are part-time cleaners in Greendale
Community School and work seventeen hours per week at a rate of
#2.935 per hour (as from 16th February, 1987). The Union on
behalf of the workers served a number of claims on the Department
in June, 1986, including a claim for thirteen days paid annual
leave and payment for public holidays where a worker has been in
employment for five weeks before the holiday. The Department's
position and response was that where payment of holiday pay to
part-time (casual) cleaners arose, it was governed by the
provisions of the Holidays (Employees) Act, 1973. As no agreement
could be reached at local level the matter was referred to the
conciliation service of the Labour Court on 3rd December, 1986. A
conciliation conference took place on 25th February, 1987 and as
no progress was made, the dispute was referred to the Labour Court
on 5th March, 1987 for investigation and recommendation. The
Court investigated the dispute on 2nd April, 1987.
Union's arguments:
3. (i) The workers concerned are not casual employees, and all
have been employed in the school for long periods
ranging from four to eleven years but do not receive
paid holidays.
(ii) Since the enactment of the holiday legislation in 1973
most workers have been given holidays above the minimum
entitlements set out in the Act, few full-time workers
receive only the minimum of 15 days paid annual leave
per annum. In addition a number of agreements have
been negotiated both at local level and under the
auspices of the Court which extend holiday entitlements
to part-time workers on a pro-rata basis with full-time
employees (Labour Court Recommendations, Nos. 9263,
9284 and 9812 refer).
(iii) On this issue it is valid to compare these workers with
those cleaners covered by the Joint Labour Committee
for Contract Cleaners in the Dublin area who currently
receive thirteen days holidays and payment for Public
Holidays provided that the worker has been employed for
five weeks before the Public Holiday. Contract
cleaning is generally viewed as having unfavourable
working conditions, yet those workers who are on
approximately the same rate of pay as the workers
concerned are entitled to paid holidays whereas the
cleaners employed in the public service do not.
(iv) In Labour Court Recommendation No. 10,395 the Court
recommended that negotiations should take place between
the Teachers Union of Ireland and the Department on
pro-rata entitlements for part-time workers. The Court
has therefore accepted the principle of entitlements
for part-time workers and what is sought is the
extension of this in practice to these low paid
workers.
Department's arguments:
4. (a) The claim is based on the conditions applying to
workers covered by the Contract Cleaners Joint Labour
Committee for the Dublin area which relates to workers
employed in contract cleaning only and is not
applicable to these workers who are not employed on a
contract basis and are in the direct employment of the
Board of Management of the school.
(b) In line with the practice in the public service
generally the Boards of Management of community schools
(as directed by the Department), make payments for
annual leave and public holidays in accordance with the
terms of the Holidays (Employees) Act, 1973. The
part-time workers receive their statutory entitlements
and there is no justification to change the established
practice.
(c) Generally in the public service annual leave on a
pro-rata basis is not granted to part-time workers and
it would be inappropriate for these workers to set a
precedent. The present claim should not be granted in
the absence of such developments in related areas of
employment.
(d) Conceding this claim would have far reaching
implications for the public service generally and the
effect of consequential claims would be extremely
costly, a factor which is of particular importance in
the present economic climate.
RECOMMENDATION:
5. The Court is of the view that the subject matter of this claim
should be pursued in the context of the holiday entitlements which
should apply generally to part-time cleaners, who are employed by
the State. The Court has recommended in other cases that
negotiations should take place on the introduction of pro-rata
entitlements to annual leave for part-time employees.
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Signed on behalf of the Labour Court
11th May,1987 Nicholas Fitzgerald
U.M./U.S. Deputy Chairman