Labour Court Database __________________________________________________________________________________ File Number: CD91344 Case Number: LCR13390 Section / Act: S20(1) Parties: DUNNES STORES LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Dispute concerning the Company's refusal to give a worker holiday pay.
Recommendation:
5. On the basis of the information provided, the Court is
satisfied that the Company acted contrary to well established
domestic custom and practice in this case. The Court therefore
recommends that the Union's claim for paid annual leave for the
worker concerned be conceded.
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD91344 RECOMMENDATION NO. LCR13390
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT 1969
PARTIES: DUNNES STORES LIMITED
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning the Company's refusal to give a worker
holiday pay.
BACKGROUND:
2. The worker concerned commenced employment with the Company in
October 1980. She was employed on a full-time basis from that
date until 11th February, 1991 when, by agreement with the
Company, she went from full-time to part-time hours. There was no
break in her service. In April, 1991 the worker approached the
Company about taking her annual leave and following discussions
she was advised by Management that she could take the last two
weeks in July at her own expense. This was not acceptable to the
worker and despite representations by the Union, the Company
refused to change its position. The Union referred the dispute to
the Labour Court on the 5th July, 1991 under Section 20(1) of the
Industrial Relations Act, 1969 and agreed to be bound by the
Court's recommendation. The Company declined to attend the Court
hearing, which was held on the 2nd August, 1991.
UNION'S ARGUMENTS:
3. 1. The worker concerned was not in a position to take the
two weeks holiday at her own expense and she worked the two
weeks in question. The Company has claimed that the worker
is a new part-time employee and as such is not entitled to
paid annual leave until she has completed one year's service.
The worker is not a new employee and she should not be
penalised for changing from full-time to part-time hours.
2. Allocation of annual leave entitlements in the retail
trade in Dublin is now determined by two pieces of
legislation and at least three trade agreements (Details
supplied to the Court). In this case it is the trade
agreements which are relevant.
3. The Company's treatment of the worker is inconsistent
with the "holidays" clause set out in the Company's own
handbook and is also inconsistent with the trade agreements.
4. The worker has a good work record with the Company. The
Company has no grounds for not giving her paid annual leave
this summer.
RECOMMENDATION:
5. On the basis of the information provided, the Court is
satisfied that the Company acted contrary to well established
domestic custom and practice in this case. The Court therefore
recommends that the Union's claim for paid annual leave for the
worker concerned be conceded.
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Signed on behalf of the Labour Court
28th August, 1991 John O'Connell
T.O'D. / M.O'C. _______________
Deputy Chairman