Labour Court Database __________________________________________________________________________________ File Number: CD95141 Case Number: LCR15010 Section / Act: S26(1) Parties: SOUTH EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the calculation of annual leave entitlements.
Recommendation:
Having listened to the submissions from both sides, the Court is
satisfied that the method of calculation of the holiday
entitlement used by the Board is not unfair to their employees and
therefore does not recommend concession of the claim.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95141 RECOMMENDATION NO. LCR15010
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
SOUTH EASTERN HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the calculation of annual leave
entitlements.
BACKGROUND:
2. The dispute concerns 13 non-nursing staff and the issue
arises from the introduction of the 39 hour week. As the
workers concerned work shifts, management have calculated
annual leave by reference to hours worked. They have an
annual leave entitlement of 20 days. In the past the
multiplier used was 8 giving a total of 160 hours leave. As
the employees now work a 39 hour week management contends
that the multiplier should be 7.8 giving a total of 156
hours. The Union claims that the workers are now at a loss
of 4 hours. Management rejected the claim. The dispute was
referred to the Labour Relations Commission and a
conciliation conference was held on 31st August, 1994.
Agreement was not possible and the dispute was referred to
the Labour Court by the Labour Relations Commission on the
27th February, 1995. The Court investigated the dispute in
Kilkenny on the 29th November, 1995.
UNION'S ARGUMENTS:
3. 1. The PNR provided for a reduction in working hours to 39
per week without loss, financially or otherwise.
Management's decision to determine the holiday
entitlement of 20 days plus 9 Public Holidays in hours
results in the workers losing part of their
entitlements.
2. The system does not cause a problem in the case of
employees who operate on a regular schedule where normal
daily working hours are constant. However in the case
of many workers who work irregular hours as part of
their roster, the method of calculation as adopted by
management deprives them of part of their holiday
entitlements (details supplied to the Court). The Union
contends that annual leave entitlement should be
calculated in days rather than hours.
COMPANY'S ARGUMENTS:
4. 1. The conversion of annual leave to hour equivalent must
be based on the current length of the working day i.e.,
39 hour week divided by 5 = 7.8 hours and not with
reference to a time when the working week was a 40 hour
week. If management were to calculate leave on the
basis of an 8 hour day on an ongoing basis without
having regard to the length of the working week a
situation is envisaged where, if the working week were
reduced to 37 hours this would result in the annual
leave available to staff being substantially increased
merely because the length of the working week is
decreased.
2. This issue was adjudicated on in a dispute involving
nursing staff at Wexford Hospital also. The Adjudicator
in his report of 5th June, 1994 determined as follows:-
"For workers generally where leave is normally
expressed in terms of days and even weeks, the
logical consequence of reduction of weekly working
hours is a reduction, however marginal in leave
when translated into hours. To maintain the leave
as claimed would in this case in effect increase
the leave entitlement which clearly was not the
intention of the parties who negotiated the
reduction in hours. In the circumstances therefore
I recommend that with effect from the start of the
next holiday year, that the hours of annual leave
be reduced to 250".
The 250 hours referred to here are the hourly
entitlement of nursing staff in respect of a 32 day
annual leave and Bank Holiday entitlement."
This was rejected by the Union.
3. The Board accepts that non-nursing staff (like orderlies
and night attendants) have varying hours of work since
the introduction of the 39 hour week. Some rosters have
been adjusted to accommodate a 7 hour day which in
effect means that there are varying hours worked within
the rosters applicable to non-nursing staff and
therefore the annual leave must be calculated on an
hourly basis.
4. The Board is satisfied that annual leave should be
calculated on an hourly basis in relation to non-nursing
staff and that the method of calculation should be
determined as per the Adjudicators report of 15th June,
1994.
RECOMMENDATION:
Having listened to the submissions from both sides, the Court is
satisfied that the method of calculation of the holiday
entitlement used by the Board is not unfair to their employees and
therefore does not recommend concession of the claim.
~
Signed on behalf of the Labour Court
12th December, 1995 Evelyn Owens
T.O'D./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.