Labour Court Database __________________________________________________________________________________ File Number: CD89704 Case Number: LCR12654 Section / Act: S67 Parties: ST. JAMES'S HOSPITAL - and - FEDERATED WORKERS' UNION OF IRELAND |
Claim on behalf of approximately 90 staff, 60 employed in the Technical Services Department and the remainder in various departments, for the granting of a once off concession days leave.
Recommendation:
7. The Court does not recommend concession of the claim.
The Court notes that paid leave for the employees concerned is 20
days per year. It is the view of the Court that 20 days leave
should be available to each employee in each leave year.
The Court therefore recommends that the parties negotiate such
arrangements as are necessary to ensure that 20 days paid leave
will be available to each employee in each holiday year.
Division: MrMcGrath Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD89704 RECOMMENDATION NO. LCR12654
INDUSTRIAL RELATIONS ACTS 1946 TO 1976
SECTION 67
PARTIES: ST. JAMES'S HOSPITAL
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim on behalf of approximately 90 staff, 60 employed in the
Technical Services Department and the remainder in various
departments, for the granting of a once off concession days leave.
BACKGROUND:
2. The workers concerned are entitled to an annual paid leave
allowance of 20 working days. This is comprised of 19 days annual
leave plus Good Friday. A small number of workers are obliged to
attend for duty on Good Friday to provide essential services, e.g.
refuse collection, transport of patients and food. These workers
are afforded 20 days annual leave. The leave year runs from April
in any year to March of the following year.
3. In the leave year 1988/1989 two Good Fridays occurred - 1st
April, 1988 and 24th March, 1989. The Union made representations
to the Hospital that non-nursing staff employed in the technical
services department be permitted to work, if they so wished, on
Good Friday 24th March, 1989 so that they would have 20 days paid
annual leave in the leave year 1989/1990. The Hospital rejected
this proposal on the basis that Good Friday is an integral part of
the paid leave allowance of technical services staff and of
attendants in 5 day service areas.
4. Most of the workers concerned took leave on the Good Friday in
question. The Union then sought an extra days paid annual leave
for the leave year 1989/1990 on a concession basis so that the
workers would have 20 paid days annual leave for that leave year.
The Hospital rejected the claim and the matter was referred to the
conciliation service of the Labour Court on 19th June, 1989. A
conciliation conference was held on the 5th October, 1989. As no
agreement was reached the claim was referred to the Labour Court
for investigation and recommendation. A Court hearing was held on
the 7th November, 1989.
UNION'S ARGUMENTS:
5. 1. The Hospital has a strict policy of not allowing staff
carry over leave into another leave year. However the
hospital breached this policy in rejecting the Union's
original proposal by telling the workers concerned to take 21
days paid annual leave in the 1988/1989 leave year.
2. The Hospital has argued that it would have been
unreasonable to allow the staff work on Good Friday. This is
not the case as staff in those departments have traditionally
come in on an overtime basis without administrative
supervision and the staff in the technical services area have
their own supervisory staff.
3. The Union considers that in light of the request to work
Good Friday, Management, in its refusal, was not conforming
with the terms of the Holiday Employees, Act, 1973.
4. The workers concerned, who number about 90 out of a total
staff of 2,000, have the lowest annual leave entitlement of
all the staff employed at the Hospital. As Management has
rejected a reasonable request from the workers it is only fair
and equitable that a concession day be granted to the staff
involved in this claim as an exceptional measure.
HOSPITAL'S ARGUMENTS:
6. 1. The Hospital refused to allow these workers work on Good
Friday, March, 1989 on the basis that Good Friday is
traditionally an integral part of paid leave allowance of the
workers concerned.
2. Good Friday is a low activity day when a considerable
number of areas in the hospital are non-operational and the
services of technical services staff are not essential other
than on an "On-Call" basis. The administrative offices are
also closed on Good Friday and neither the engineering officer
nor the project/technical services manager who have
responsibility for the workers concerned are obliged to attend
for duty on Good Friday.
3. The Hospital considers that its proposals of 21 days paid
annual leave in the year 1988/1989 (19 days plus 2 Good
Fridays) and 19 days annual leave in the year 1989/1990 were
reasonable particularly having regard to the fact that
identical proposals were implemented and accepted by staff in
1985 and 1986 when 2 Good Fridays occurred in the leave year
1985/1986.
RECOMMENDATION:
7. The Court does not recommend concession of the claim.
The Court notes that paid leave for the employees concerned is 20
days per year. It is the view of the Court that 20 days leave
should be available to each employee in each leave year.
The Court therefore recommends that the parties negotiate such
arrangements as are necessary to ensure that 20 days paid leave
will be available to each employee in each holiday year.
~
Signed on behalf of the Labour Court
Tom McGrath
________________________
23rd November, 1989. Deputy Chairman
M.D./J.C.