Labour Court Database __________________________________________________________________________________ File Number: CD94393 Case Number: LCR14589 Section / Act: S26(1) Parties: ST MARY'S ORTHOPAEDIC HOSPITAL - and - IRISH NURSES ORGANISATION |
Dispute concerning the retrospective application of two days annual leave to Nursing Staff.
Recommendation:
The Court having considered all of the views of the parties as
expressed in their oral and written submissions considers that in
all the circumstances the increase in annual leave should apply
from 1st January, 1991.
The Court recommends that the manner in which the outstanding days
are to be dealt with should be the subject of discussions between
the parties and should take into account the serious financial
constraints under which the hospital is operating.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94393 RECOMMENDATION NO. LCR14589
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1990
SECTION 26(1)
PARTIES: ST MARY'S ORTHOPAEDIC HOSPITAL
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
IRISH NURSES ORGANISATION
SUBJECT:
1. Dispute concerning the retrospective application of two days
annual leave to Nursing Staff.
BACKGROUND:
2. The dispute concerns nursing staff employed at St. Mary's
Hospital. In April, 1993 the INO wrote to Management
claiming that the nurses concerned were receiving two days
annual leave less than their colleagues in other hospitals.
Management rejected the claim. The dispute was referred to
the Labour Relations Commission and conciliation conferences
were held on the 30th July, 1993 and 7th March, 1994. At the
second conciliation conference the Hospital stated that they
were willing to increase the leave entitlement of nurses at
the Hospital by the two days subject to Department of Health
approval. This was received and the annual leave entitlement
was adjusted by two days from 1994. The I.N.O. raised the
question of retrospection. Management stated that they could
make no concession on retrospection. Further agreement was
not possible and the dispute was referred to the Labour Court
on the 28th July, 1994. The Court investigated the dispute
on the 23rd September, 1994.
UNION'S ARGUMENT'S
3. 1. Management has conceded that since 1981 the annual leave
entitlement is 24 working days or 32 calendar days (24
working days plus 8 Public Holidays). The Public
Holidays are working days as per the Holidays Employees
Act which states that time off allowed as per the Act
shall be deemed time worked i.e. 8 public Holidays
equals 8 working days or 12 calendar days.
2. The Union seeks monetary compensation in the knowledge
that it is not feasible to accommodate additional annual
leave on a structured basis. Management's assertion
that they are not aware of any Department circular on
annual leave should not result in a loss to the nurses
concerned. As a voluntary hospital St. Mary's is on the
Department of Health's mailing list.
HOSPITAL' ARGUMENTS:
4. 1. The Union's claim was first submitted in 1993 -
concession was afforded from the 1st January, 1994,
therefore the question of retrospection does not arise.
2. The Hospital have no authority to change the terms and
conditions of employment of nurses without official
sanction from the Department of Health.
3. The holiday entitlement as implemented by the Hospital
prior to June 1994 is in line with both Department of
Health circulars and also nurses conditions of
employment.
4. The concession of the two days already made does not
have the approval of the Department of Health and
accordingly no funds will be provided to meet the extra
cost involved.
RECOMMENDATION:
The Court having considered all of the views of the parties as
expressed in their oral and written submissions considers that in
all the circumstances the increase in annual leave should apply
from 1st January, 1991.
The Court recommends that the manner in which the outstanding days
are to be dealt with should be the subject of discussions between
the parties and should take into account the serious financial
constraints under which the hospital is operating.
~
Signed on behalf of the Labour Court
1st December, 1994. Tom McGrath
T.O.D./U.S. -------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.