Labour Court Database __________________________________________________________________________________ File Number: CD8813 Case Number: LCR11706 Section / Act: S67 Parties: ROCHES STORES - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim concerning (a) Sick pay arrangements for part-time workers and (b) status of part-timers.
Recommendation:
7. Claim (a) Sick Pay Arrangements for Part-Time workers.
The Court does not recommend concession of this claim.
Claim (b) Status.
The Court recommends that in the conduct of their negotiations the
parties should not unfairly discriminate against part-time
employees.
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD8813 RECOMMENDATION NO. LCR11706
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROCHES STORES
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim concerning (a) Sick pay arrangements for part-time
workers and (b) status of part-timers.
BACKGROUND:
2. The Registered Employment Agreement for the Dublin and Dun
Laoghaire Footwear, Drapery and Allied Trades provides for sick
pay entitlement (Clause 10) as follows:
(a) In any calendar year workers covered by this Agreement who
are absent from work due to illness shall receive in respect
of such day's absence (not exceeding twelve days in any one
calendar year), payment equal to one day's full pay reduced
only by an amount equivalent to the amount which is received
by such workers by way of insurance subject to the production
of a doctor's certificate if absent on four consecutive days.
(b) Workers with five years' continuous employment with the same
employer may claim in respect of any one period of continuous
illness, the unused sick leave entitlement of the previous
two years as set out in Clause (a).
3. In May, 1986, a Labour Court Recommendation was made (LCR No.
10465 refers) following a claim made by the Union on the Trade for
the introduction of pro-rata sick pay for part-time workers. This
recommendation was introduced by this Company as per the FUE's
interpretation (by letter of 30th May, 1986 to the Union) which
was as follows:-
1. All regular part-time workers who are covered by the Drapery,
Trade Agreement shall be afforded pro-rata treatment with
full-time workers in the matter of sick pay.
2. No sick pay shall apply for the first three working days of
any illness.
3. A day's pay for a part-time worker is calculated by dividing
his/her weekly hours by five (the number of days worked in a
week by a full-time worker).
4. In July, 1987 the Union served a number of claims on the
Company including sick pay arrangements for part-time workers and
status of part-timers. The Union claimed that part-time workers
should receive the same sick pay entitlements as full-time workers
as per Clause 10 of the Registered Employment Agreement. This was
rejected by the Company who maintained that the twelve days paid
sick leave had been extended to part-time workers in 1986 on the
condition that they would not qualify for any payment in respect
of the first three days of any illness and also that such a matter
should be dealt with on a trade basis and not on an individual
company basis. On 15th September, 1987 the claims were referred
to the conciliation service of the Labour Court. A conciliation
conference took place on 15th October, 1987 and as no progress was
made they were referred on 11th January, 1988 to the Labour Court
for investigation and recommendation. The Court investigated the
dispute on 3rd February, 1988.
UNION'S ARGUMENTS:
5. 1. The other main department stores in Dublin - Marks &
Spencers, Clerys, Arnotts, Switzers and Brown Thomas pay sick
pay to their part-time workers in accordance with Clause 10 of
the Registered Agreement. This clause makes no distinction
between full-time and part-time workers but states that it
applies to all workers covered by the agreement. It is clear
that the agreement also relates to part-time workers. This
Company should introduce sick pay for the part-time workers on
the same terms as their main competitors.
2. The terms of Labour Court Recommendation No. 10465 have
not been applied throughout the trade and in any event the
Union understood that its terms were that there would only be
3 waiting days in any year and not in each illness as
interpreted by the F.U.E.
3. As long as this Company applies conditions to their
part-time workers which are worse than those applicable to
full-time workers it is not according full status to
part-timers whose contribution to the Company is equal in
value to that of full timers.
COMPANY'S ARGUMENTS:
6. 1. A registered trade agreement exists which provides the
basis for the terms and conditions of employment of all
workers in the Dublin and Dun Laoghaire Drapery and Allied
Trades. In negotiations over the years it has been accepted
by both sides that part-time workers are not covered by the
registered agreement in respect of such conditions as sick
leave, etc. LCR No. 10465 dealt with the introduction of a
sick pay scheme for part-time workers in the trade and the
Company implemented this recommendation in full. The
non-payment of the first three days of any illness was then
and is now an essential part of the scheme as it provides a
vital safeguard against one and two days casual absence.
6. 2. In a similar case, between the Union and the Limerick
Drapery and Allied Trades the Labour Court in LCR No. 11195
specifically excluded the payment of the first three days of
any illness. In addition, the Cork division of the Union has
served a claim on the Cork Drapery Trade requesting the
implementation of LCR No. 11195.
3. The significant majority of part-time workers both in
Dublin and the rest of the country are covered by the terms of
LCR No. 10465. The present claim should be dealt with on a
trade basis not an individual company basis.
RECOMMENDATION:
7. Claim (a) Sick Pay Arrangements for Part-Time workers.
The Court does not recommend concession of this claim.
Claim (b) Status.
The Court recommends that in the conduct of their negotiations the
parties should not unfairly discriminate against part-time
employees.
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Signed on behalf of the Labour Court.
John M. Horgan
__22nd__February,___1988. ___________________
U. M. / M. F. Chairman