Labour Court Database __________________________________________________________________________________ File Number: CD93287 Case Number: LCR14131 Section / Act: S20(1) Parties: H & N ENGINEERING - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Annual leave, compassionate leave.
Recommendation:
4. The Court notes that the Company did not attend the hearing.
Having considered the submission from the Union the Court
recommends as follows:
(A) Annual Leave - concession of the Union's claim.
(B) Compassionate leave - negotiations to take place
immediately on the basis of the Union's letter of 6th
January, 1993. Pending the outcome of these negotiations
the agreement in place since 1983 should be operated.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD93287 RECOMMENDATION NO. LCR14131
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: H & N ENGINEERING
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Annual leave, compassionate leave.
BACKGROUND:
2. The Company which is engaged in steel fabrication and general
steel purpose-built "out" buildings, employs approximately four
people.
Recently the Union has requested the Company to hold discussions
concerning an agreement covering Good Friday as part of
the annual leave entitlement of the four workers here concerned
and the issue of compassionate leave. The Company refused to meet
the Union.
The Union referred the matter to the Labour Court on 16th April,
1993, under Section 20(1) of the Industrial Relations Act, 1969
and agreed to be bound by the Court's recommendation. An
invitation to attend the Labour Relations Commission was refused
by the Company. The Labour Court hearing took place in Clonmel on
23rd June, 1993. The Company was not represented at the hearing.
UNION'S ARGUMENTS:
3. 1. Annual Leave
In 1991 the Company refused to honour an agreement covering
Good Friday as part of the workers' annual leave entitlement.
This action by the Company reduced the annual leave
entitlement of the workers from 19 days to 18 days.
2. In situations where workers are required to attend for
work on Good Friday or when Good Friday coincides with a
lay-off at the plant, the workers should be compensated by
payment in lieu or day in lieu.
3. The Company's action in refusing to honour the agreement
has affected the morale of the workers concerned.
4. In the interests of good industrial relations, the Company
should include Good Friday as part of the annual leave
entitlement of the workers concerned.
Compassionate leave
1. It was the workers' understanding that they were covered
by a compassionate leave agreement since 1983. In late 1992,
a worker was absent for 1.50 days following a family
bereavement. The Union's request for payment for the 1.50 days'
absence was ignored by the Company.
2. It is good practice to have in place a compassionate leave
agreement and most if not all employers agree that at such
times the sympathetic understanding of the employer is
appreciated.
RECOMMENDATION:
4. The Court notes that the Company did not attend the hearing.
Having considered the submission from the Union the Court
recommends as follows:
(A) Annual Leave - concession of the Union's claim.
(B) Compassionate leave - negotiations to take place
immediately on the basis of the Union's letter of 6th
January, 1993. Pending the outcome of these negotiations
the agreement in place since 1983 should be operated.
~
Signed on behalf of the Labour Court
Evelyn Owens
____________________
12th July, 1993. Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.