Labour Court Database __________________________________________________________________________________ File Number: CD87178 Case Number: LCR11195 Section / Act: S67 Parties: LIMERICK DISTRIBUTIVE TRADES - and - IDATU |
Claim for a pro rata sick pay scheme for part-time workers.
Recommendation:
5. The Court recommends that the scheme as proposed by the
Employers be introduced without further delay and that its
operation be monitored closely by the Union. After one year the
Union should bring any difficulties and grievances which have
arisen to the attention of the Employers and if a satisfactory
amendment cannot be agreed the matter should be referred to the
Court.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87178 THE LABOUR COURT LCR11195
CC861632 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11195
Parties: LIMERICK DISTRIBUTIVE TRADES
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
Subject:
1. Claim for a pro rata sick pay scheme for part-time workers.
Background:
2. The current sick pay entitlement for full-time workers is
twenty four working days within a calendar year after completion
of 6 months continuous employment, with a carry-over of 10 days
after 10 years' service. The Union originally submitted a claim
for the application of a pro rata scheme to part-time workers in
1983. On 9th November, 1983 the Employers responded with an offer
in respect of permanent part-time staff who work 52 weeks a year
and a minimum of 18 hours per week. This offer was rejected by
the Union. In early 1986 the claim was discussed again and in May
1986 the Employers put forward new proposals for a pro rata sick
pay scheme. These proposals were rejected by the Union as they
would have resulted in a worsening of conditions for full-time
workers. The Employers subsequently put forward further proposals
for a separate sick pay scheme for part-time workers (see Appendix
I). These were rejected by the Union. As no agreement could be
reached at local level the matter was referred to the conciliation
service of the Labour Court on 7th October, 1986. No basis for a
settlement could be reached at a conciliation conference held on
19th November, 1986 and on 19th February, 1987 the parties
requested that the matter be referred to the Labour Court for
investigation and recommendation. A Court investigation into the
dispute was held in Limerick on 7th April, 1987.
Union's arguments:
3. (i) The prevailing trend in most progressive employments
where part-time workers are employed is for the
application of pro rata rates of pay and conditions of
employment to part-time workers doing the same, or
comparable, work as full-time workers. Pro rata rates
of pay and holidays already apply to the workers here
concerned. To deny them a pro rata sick pay scheme
would be discriminating against a category of worker who
is already badly off in many cases.
(ii) The Labour Court itself has recognised the validity and
fairness of the case for pro rata wages and conditions
for part-time workers regardless of hours worked
(Recommendations Nos. 9007, 9031, 7672, 9284 and 10395
refer).
(iii) In some companies in the Limerick Distributive Trade,
part-time workers already get paid sick leave. In these
companies there is no qualification such as no payment
for the first three days. The introduction of such a
clause or confining their entitlement to twelve days
would worsen the conditions of employment of the
workers.
(iv) There has been no evidence produced of abuse of sick pay
schemes.
(v) The nature of the work makes the workers more
susceptible to picking up illnesses.
(vi) The exclusion of part-time workers from the sick pay
scheme could be seen as a discriminatory practice as
most of the part-time workers are women.
(vii) In the retail trade, part-time work is generally done
over three days. Therefore, it could be at least one
week before any benefit is received from the scheme.
Employers' arguments:
4. (a) The existing sick pay scheme for full-time workers is
the most generous in the distributive trades in the
country. However, the Employers are seriously concerned
that the scheme is being abused through casual
absenteeism. The Employers are not prepared to extend,
to part-time workers, a scheme which is not operating
satisfactorily in respect of full-time staff.
(b) The Union rejected a scheme which could be applied to
part-time workers on a pro rata basis and the Employers
were forced to put forward a proposal for a scheme to
apply to part-time staff only.
(c) The proviso of no payment for the first three days of
any illness is absolutely essential as it discourages
casual absenteeism which can create severe operational
problems for employers. The vast majority of absences
do not exceed the three day threshold for social welfare
payments and the Employers therefore do not receive any
social welfare refund on such absences.
(d) In a similar case the Labour Court recommended that no
payment should be made for the first three days of
illness (Recommendation No. 10465 refers).
RECOMMENDATION:
5. The Court recommends that the scheme as proposed by the
Employers be introduced without further delay and that its
operation be monitored closely by the Union. After one year the
Union should bring any difficulties and grievances which have
arisen to the attention of the Employers and if a satisfactory
amendment cannot be agreed the matter should be referred to the
Court.
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Signed on behalf of the Labour Court
21st May, 1987 John M Horgan
RB/PG --------------
Chairman