Labour Court Database __________________________________________________________________________________ File Number: CD94329 Case Number: LCR14521 Section / Act: S26(1) Parties: ST. CATHERINES EDUCATION AND DEVELOPMENT CENTRE - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION |
Claim for the introduction of a sick-pay scheme.
Recommendation:
The Court in the light of all the arguments made by the parties
in their oral and written submissions recommends that the sick-pay
scheme as designed and accepted by the Health Board as appropriate
should be implemented immediately.
The Court is very conscious of the financial difficulties of the
Centre and calls on both parties to use their good offices to seek
to have the Health Board provide the necessary funding for
operation of the scheme.
The Court so recommends.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94329 RECOMMENDATION NO. LCR14521
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ST. CATHERINES EDUCATION AND DEVELOPMENT CENTRE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. Claim for the introduction of a sick-pay scheme.
BACKGROUND:
2. 1. The Centre is a charitable institution which provides
services for mentally handicapped children. It receives
a subvention from the Eastern Health Board towards the
cost of providing its services. On 30th June, 1993, the
Union on behalf of its eleven members claimed the
introduction of a sick-pay scheme. The Union's claim
is for 7 days' uncertified and 14 weeks' certified
sick-leave with full pay in any one year.
2. The proposed sick-pay scheme was in line with schemes in
similar organisations in the locality. The Centre is in
financial difficulties and was unable to consider
implementing the scheme unless it was funded by the
Eastern Health Board. The claim was referred to the
Labour Relations Commission and a conciliation
conference was held on 13th June, 1994.
3. The Centre had made no progress on the issue of funding
and nothing further could be accomplished at
conciliation. On 14th June, 1994, the claim was
referred to the Labour Court under section 26(1) of the
Industrial Relations Act, 1990. A Labour Court
investigation took place on 7th July, 1994.
UNION'S ARGUMENTS:
3. 1. The workers are providing an important service which in
other circumstances would have to be provided by the
Health Board. If the workers were employed by other
similar organisations within the region they would
benefit from the basic sick-pay scheme which is being
sought. The absence of the scheme means that the
workers' conditions of employment are out of line with
those of nursing and care staff generally.
2. The merit of the claim is not contested and an
inordinate amount of time has been spent trying to
achieve a basic employment condition. The cost of
concession should be relatively minor. The Board has
indicated that it approved the scheme on the
understanding that it would be implemented on a current
date basis
CENTRE'S ARGUMENTS:
4. 1. The Centre does not wish to see its staff treated any
less favourably than staff in a comparable employment.
The Centre has agreed to the introduction of the
sick-pay scheme provided that responsibility for the
funding was accepted by the Eastern Health Board.
2. The Centre is in dire financial difficulties and
worsening. The Union is fully aware of the Centre'
position The Health Board has not accepted financial
responsibility for the scheme and no extra monies have
been set aside for sick-pay.
RECOMMENDATION:
The Court in the light of all the arguments made by the parties
in their oral and written submissions recommends that the sick-pay
scheme as designed and accepted by the Health Board as appropriate
should be implemented immediately.
The Court is very conscious of the financial difficulties of the
Centre and calls on both parties to use their good offices to seek
to have the Health Board provide the necessary funding for
operation of the scheme.
The Court so recommends.
~
Signed on behalf of the Labour Court
28th July, 1994 Tom McGrath
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.