Labour Court Database __________________________________________________________________________________ File Number: CD92338 Case Number: LCR13720 Section / Act: S20(1) Parties: FINNEGAN AND MCGOVERN LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning annual leave entitlement.
Recommendation:
7. The Court having considered the submissions from the parties
recommends on the basis of the agreement reached in 1989 between
the parties, that the annual leave entitlement should be restored
to 20 days.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92338 RECOMMENDATION NO. LCR13720
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: FINNEGAN AND MCGOVERN LIMITED
(REPRESENTED BY NOONAN & SON SOLICITORS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning annual leave entitlement.
BACKGROUND:
2. The Company has been in business since 1971. It is located
in Navan, Co. Meath and manufactures bar fixtures and fittings.
It employs 15 workers.
3. In July, 1989 the Union sought an increase in annual leave
from 15 days per annum plus public holidays to 20 days per annum
plus public holidays. The Company conceded the Union's claim and
the revised leave year applied from 1988/1989.
4. In the leave year 1990/1991 the Company applied 18 days leave
to the workers on the grounds that it conceded the increase to 20
days in the belief that was the legal minimum holiday entitlement.
The Union referred the issue to the Labour Relations Commission.
The Company declined an invitation to attend a conciliation
conference. The Union then referred the dispute to the Labour
Court for investigation and recommendation under Section 20(1) of
the Industrial Relations Act, 1969. A Court hearing took place
on 3rd July, 1992. The Union agreed to be bound by the Court's
recommendation.
UNION'S ARGUMENTS:
5. 1. The Company arbitrarily broke an agreement freely
entered into.
2. The Union submitted its claim for 20 days annual leave
on the basis that it was the norm prevailing throughout a
wide range of industries country-wide. The claim was not
submitted on the basis that it was the workers' legal minimum
entitlement.
3. The Labour Court has frequently identified 20 days
annual leave as the norm in its recommendations and
Employment Regulation Orders. Accordingly the Court is asked
to recommend that the Company restore the 20 days' annual
leave entitlement to the workers.
COMPANY'S ARGUMENTS:
6. 1. The Company conceded the claim for 20 days annual leave
on the basis that it was the workers' legal holiday
entitlement. When the Company became aware this was not so
it applied 18 days annual leave which is in line with the
norm in Navan.
2. The Company considered that it entered into the
agreement on a false premise and as such is not bound by the
agreement.
RECOMMENDATION:
7. The Court having considered the submissions from the parties
recommends on the basis of the agreement reached in 1989 between
the parties, that the annual leave entitlement should be restored
to 20 days.
~
Signed on behalf of the Labour Court
29th July, 1992 Evelyn Owens
M.D./M.H. ---------------------------
Deputy Chairman.
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.