Labour Court Database __________________________________________________________________________________ File Number: CD92691 Case Number: LCR14022 Section / Act: S26(1) Parties: GALWAY DISTRIBUTIVE TRADES - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim by the Union for the introduction of a pro-rata sick pay scheme for part-time workers.
Recommendation:
5. The Court has given careful consideration to the submissions
of the parties and holds the view that there is merit in the
Union's argument. Having regard however to the situation that
obtains in other centres throughout the country and to the
difficulties which the employers claim to have encountered in the
application of the scheme for full-time workers, the Court
recommends that the parties have further discussions to determine
a phased introduction of a suitable scheme for part-time workers
and adequate safeguards to protect the scheme against abuse. The
Court also recommends that the phasing-in be over a three-year
period during which time its operation should be reviewed annually
to ensure that it is working satisfactorily before it is extended.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92691 RECOMMENDATION NO. LCR14022
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1990
SECTION 26(1)
PARTIES: GALWAY DISTRIBUTIVE TRADES
(Represented by The Irish Business Employers Confederation)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim by the Union for the introduction of a pro-rata sick pay
scheme for part-time workers.
BACKGROUND:
2. The existing sick pay scheme for full-time staff provides the
following level of benefit:-
4 months - 1 year 10 days
1 year - 2 years 12 days
2 years - 6 years 15 days
6 years - 10 years 20 days
10 years - 15 years 25 days
15 years + 30 days.
Workers receive basic nett pay less Social Welfare benefit.
The Agreement requires no waiting days and members of the scheme
become entitled to benefit after 4 months service.
In 1990, the Union submitted a claim for pro rata application of
the above terms to part-time staff. Management rejected the
claim. In May, 1991, following local discussions, the Company
proposed a scheme which provided that part-time staff who worked
52 weeks per year and a minimum of 18 hours per week would receive
up to 12 days' pay during the year with no pay for the first 3
days of any illness. The Union rejected the proposal.
The issue was referred to the Labour Relations Commission in
October, 1991. A conciliation conference was held on the 4th
December, 1991 but no agreement was reached. Further local
discussions were held throughout 1992 without agreement being
reached. The dispute was referred to the Labour Court by the
Labour Relations Commission on the 16th November, 1992. A Court
hearing was held in Galway on the 11th February, 1993.
UNION'S ARGUMENTS:
3. 1. Part-time and full-time workers should be treated
equally. The recent legislation on part-time workers, whilst
not specifically dealing with sick pay, has pointed the way in
equalising terms and conditions of employment in part-time and
full-time employment
2. The Employers' offer is unacceptable as it does not
extend the benefits enjoyed by full-time staff on a full
pro-rata basis. The Limerick scheme is inferior in that there
is no payment for the first three days.
3. Part-time staff make up a significant percentage of
total numbers employed by the members of Galway Distributive
Trades and following a recent agreement setting aside the
ratio of full to part-time there will be ever increasing
numbers of part-time workers. It is very important that they
have financial protection when out of work through illness.
EMPLOYERS' ARGUMENTS:
4. 1. The Employers' offer of May 1991 is similar to schemes
which apply to part-time workers who are employed by similar
traders in Cork and Limerick. Part-time workers in similar
employment in Dublin receive sick pay after 3 waiting days
also. The provision that there would be no payment for the
first 3 days of any illness is absolutely essential. It
discourages casual absenteeism which creates severe
operational difficulties for an employer. Absences for the
most part, are for less than 3 days. Social Welfare benefits
are not paid for an absence of less than 3 days. The employer
would not therefore be re-imbursed.
2. It was a mistake to agree to the full-time sick pay
scheme in 1983. The scheme did not provide for control of
absenteeism which has become a problem with full-time workers.
3. The cost of the scheme as proposed by the Union would
put the traders in an uncompetitive position in relation to
traders in other cities who do not have a similar scheme.
RECOMMENDATION:
5. The Court has given careful consideration to the submissions
of the parties and holds the view that there is merit in the
Union's argument. Having regard however to the situation that
obtains in other centres throughout the country and to the
difficulties which the employers claim to have encountered in the
application of the scheme for full-time workers, the Court
recommends that the parties have further discussions to determine
a phased introduction of a suitable scheme for part-time workers
and adequate safeguards to protect the scheme against abuse. The
Court also recommends that the phasing-in be over a three-year
period during which time its operation should be reviewed annually
to ensure that it is working satisfactorily before it is extended.
~
Signed on behalf of the Labour Court
29th March, 1993 Kevin Heffernan
T O'D/U.S. -------------------
Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR TOM O'DEA, COURT SECRETARY.