Labour Court Database __________________________________________________________________________________ File Number: CD9081 Case Number: LCR12905 Section / Act: S67 Parties: BROTHERS OF CHARITY SERVICES - and - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION |
Claim by the Union on behalf of 10 nurses for the restoration of their annual leave entitlement.
Recommendation:
Having considered the submissions of the parties, the Court does
not find grounds for re-introducing the incorrect application of
annual leave to the claimants.
Division: CHAIRMAN Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD9081 RECOMMENDATION NO. LCR12905
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BROTHERS OF CHARITY SERVICES
(Represented by the Federation of Irish Employers)
and
SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of 10 nurses for the restoration
of their annual leave entitlement.
BACKGROUND:
2. The workers concerned are night nurses at the Kilkornan
Training Centre. Six work full-time and four work part-time. On
appointment they were told that their annual leave entitlement was
26 nights per annum for full-time nurses and pro-rata for
part-time nurses. In 1987, management discovered that the annual
leave entitlement and public holiday compensatory days granted to
these nurses was incorrectly calculated, resulting in an excess of
42 hours leave being granted to full-time nurses and pro-rata to
part-time nurses. It was the calculation method used to establish
the total hours of annual leave that was incorrect. On detection
of the incorrect formula which had been applied, the excess leave
was discontinued from 1st January, 1988. The matter was raised by
the Union during 1988 and 1989. The Union contends that the
excess annual leave entitlement should continue on a personalised
basis. This is rejected by management. As no agreement could be
reached at local level, the matter was referred on 14th November,
1989, to the conciliation service of the Labour Court. No
agreement was reached at a conciliation conference held on 25th
January, 1990, and the matter was referred to the Labour Court on
1st February, 1990, for investigation and recommendation. The
Court investigated the matter on 17th May, 1990, in Galway.
UNION'S ARGUMENTS:
3. 1. The nurses feel aggrieved that the management
unilaterally reduced their annual leave entitlement after such
a prolonged period. All the nurses were recruited around
1980, were granted the excess leave for up to seven years.
2. Management has pointed out that the annual leave
granted was a mistake, however, the fact of the matter is that
the nurses were recruited on these terms. Management had no
right to interfere with the leave entitlement. The Union
contends that the leave entitlement as obtained on recruitment
should be restored to these nurses on a personal basis with
full retrospection.
MANAGEMENT'S ARGUMENTS:
4. 1. The previous entitlement exceeded the officially
approved quota of leave approved by the Department of Health
for all nurses. It also gave the night staff more annual
leave than nurses on day duty.
2. Management made a mistake in the calculation of the
entitlement. When this mistake was discovered, management
tried to rectify it without seeking any clawback for the
excess leave that had been given in the past. If the mistake
had not been rectified it would be compounded if further
holidays are granted at national level in the future or if
there are further reductions in working hours.
3. The ongoing cost of the excess leave is #2,250 per
annum. This represents a significant cost to an organisation
which is a voluntary body relying on public funds for support.
RECOMMENDATION:
Having considered the submissions of the parties, the Court does
not find grounds for re-introducing the incorrect application of
annual leave to the claimants.
~
Signed on behalf of the Labour Court
Kevin Heffernan
7th June, 1990 ----------------
B O'N/U.S. Chairman