Labour Court Database __________________________________________________________________________________ File Number: CD92396 Case Number: LCR13842 Section / Act: S26(1) Parties: HOSPITALLER ORDER OF ST JOHN OF GOD - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION |
Dispute concerning an alleged loss of earnings.
Recommendation:
5. Having considered the submissions made by the parties the
Court has come to the conclusion that the Order was somewhat
remiss in not involving the Union in its exercise of standardising
the leave arrangement over the various locations. However, in
view of the "red circling" of staff who had formally enjoyed
better leave entitlement, the Court in the circumstances does not
recommend concession of the Union's claim.
Division: Mr O'Connell Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92396 RECOMMENDATION NO. LCR13842
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: HOSPITALLER ORDER OF ST JOHN OF GOD
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. Dispute concerning an alleged loss of earnings.
BACKGROUND:
2. The Hospitaller Order of St. John of God provides a wide range
of health care services at its various locations in Ireland and
abroad. The Order has approximately 1,400 employees in this
country, covering all the health care related staff categories.
The workers concerned in this claim are employed as social
workers, occupational therapists and speech therapists at the
Order's child and family centre in Rathgar. In 1990, the Order
undertook a review of the annual leave entitlements throughout the
Order. As a result of this review the annual leave entitlements
of the workers concerned were set out as follows:
Social workers 24 to 26 days
Occupation therapists 23 to 24 days
Speech therapists 23 to 26 days.
In addition to the above entitlements the Order granted one
concession day in respect of the St. John of God day. Prior to
the review in 1990, the annual leave entitlement of the workers
concerned was the entitlement set out above plus a privilege day
at Easter and Christmas. Subsequent to the review the Order
agreed that the workers concerned would retain the privilege days
at Easter and Christmas on a personal basis and that the new
arrangements would apply to staff recruited after January, 1990.
The Union claims that the Order are in breach of the 1987
agreement on annual leave. The Union submitted a claim for the
restoration of the privilege days. The Order rejected the claim.
Local level discussions failed to resolve the issue and the matter
was referred to the Labour Relations Commission. A conciliation
conference was held on 10th April, 1992 and as no agreement could
be reached the matter was referred to the Labour Court on 9th
July, 1992. The Court hearing took place on 16th October, 1992.
UNION'S ARGUMENTS:
3. 1. The Order undertook a unilateral review of annual leave
without any consultation or agreement with the Union. In the
case of the workers concerned no adjustment took place. The
Order has linked, however, the general review of leave with
its decision to withdraw 2 concession days for new entrants.
2. The agreement reached in 1987 is clear, both in terms of
annual leave and concession days. This agreement has been
broken by the Order.
3. The annual leave entitlements in the Health Boards for the
grades here concerned have increased. Similar grades in the
Eastern Health Board received an increase of 2 days leave in
1989.
4. Privilege days are a feature in many employments and are
the norm in the public sector. The 1987 agreement stated that
concession days would obtain as they then applied. Staff are
now required to use 2 days annual leave at Christmas.
5. The Order has referred to budgetary and financial
difficulties. These difficulties have not been confined to
the Order. In other areas of the health service such problems
have been overcome with the co-operation of the trade unions.
The Order is a major employer in the Irish Health Service. It
enjoys a direct funding relationship with the Department of
Health. The child and family centre receives funding in this
way.
ORDER'S ARGUMENTS:
4. 1. The Order has introduced the changes as part of an overall
rationalisation of annual leave arrangements. Some workers
have gained from the changes, nobody has lost. All staff
employed at 31st December, 1989 retained their entitlements.
The changes only apply to staff recruited from 1990 onwards.
2. All new staff have generous leave entitlements. The new
annual leave arrangements represent the approved Department of
Health entitlements. The arrangements have been successfully
implemented in all the Order's centres with the exception of
Rathgar.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court has come to the conclusion that the Order was somewhat
remiss in not involving the Union in its exercise of standardising
the leave arrangement over the various locations. However, in
view of the "red circling" of staff who had formally enjoyed
better leave entitlement, the Court in the circumstances does not
recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
11th November, 1992. Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.