Labour Court Database __________________________________________________________________________________ File Number: CD93456 Case Number: LCR14266 Section / Act: S26(1) Parties: HOSPITALLER ORDER OF ST. JOHN OF GOD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the annual leave entitlement of care workers in the Order's Community Residential Service.
Recommendation:
5. The Court, having considered all of the issues raised by the
parties in their oral and written submissions, finds that the
unilateral imposition of the terms of the annual-leave circular
was not conducive to the maintenance and development of good
industrial relations.
The Court notes the extent to which the arrangements regarding
holidays apply throughout the organisation and considers that the
hourly basis of calculation should be applied, subject to
annual-leave being granted in conformity with the provisions of
the Holidays (Employees) Act 1973.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD93456 RECOMMENDATION NO. LCR14266
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: HOSPITALLER ORDER OF ST. JOHN OF GOD
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the annual leave entitlement of care
workers in the Order's Community Residential Service.
BACKGROUND:
2. The St. John of God Order provides services at 19 locations,
employing a staff of approximately 1,600. The dispute concerns
the community residential service which provides group and
supported living facilities to children and adults with learning
difficulties, at 19 houses in Dublin and Kildare. The staff
concerned work a variety of rosters over a six-week period,
varying from 6 hours/day to 12 hours/day. On average over the
period the staff work a 39-hour week. Until recently staff had a
leave entitlement of 20 days per annum - a day's leave being one
day off whether the roster for that day involved 6 or 12 hours of
duty. The Order proposes that the annual leave entitlement of 20
days be translated into a leave entitlement of 156 hours per annum
(i.e. 20 days x 7.8 hours per day). Accordingly, leave taken
should be reckoned as the number of rostered hours due to have
been worked on the day in question. The Union rejects the Order's
proposal. The dispute was referred to the Labour Relations
Commission and a conciliation conference was held on the 5th of
July, 1993 at which agreement was not reached. The dispute was
referred to the Labour Court on the 4th of August, 1993 in
accordance with Section 26(1) of the Industrial Relations Act,
1990. The Court investigated the dispute on the 24th of
September, 1993, the earliest date convenient to both parties.
UNION'S ARGUMENTS:
3. 1. The Union has no difficulty regarding the introduction of
an equitable system. The Order, however, failed to consult
properly with the Union or with a particular worker who has
been adversely affected by the changes.
2. Workers who may be at a loss following the change in the
calculation of leave entitlement should be 'red-circled', and
should retain their original conditions of employment.
3. Workers who have lost days or hours as a result of the
above changes should have these hours or days restored to
them.
COMPANY'S ARGUMENTS:
4. 1. The system introduced by the Order is fully recognised
throughout the Health Service and, for many grades of staff,
there exist agreements with Health Service Unions for the
calculation of annual leave on this basis, where the length of
the working day can vary.
2. The arrangements are just and equitable, ensuring that all
staff receive their full leave entitlement and eliminating the
opportunity for abuse which existed with the old system.
3. The new system was introduced following complaints about
the previous system from large numbers of staff.
RECOMMENDATION:
5. The Court, having considered all of the issues raised by the
parties in their oral and written submissions, finds that the
unilateral imposition of the terms of the annual-leave circular
was not conducive to the maintenance and development of good
industrial relations.
The Court notes the extent to which the arrangements regarding
holidays apply throughout the organisation and considers that the
hourly basis of calculation should be applied, subject to
annual-leave being granted in conformity with the provisions of
the Holidays (Employees) Act 1973.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
_______________
9th December, 1993 Deputy Chairman.
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.