Labour Court Database __________________________________________________________________________________ File Number: CD9511 Case Number: LCR14751 Section / Act: S26(1) Parties: ALBATROS FERTILIZERS LIMITED (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for introduction of a Sick Pay Scheme.
Recommendation:
The Court recommends, in the light of the views expressed by the
parties in their oral and written submissions, that a Sick Pay
Scheme be implemented which provides for six weeks benefits as
follows:-
Weeks 1 to 3 - #40 per week
Weeks 4 to 6 - #20 per week
The Court further recommends that the parties review the operation
of the scheme after it has been twelve months in operation.
Division: Mr McGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9511 RECOMMENDATION NO. LCR14751
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ALBATROS FERTILIZERS LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for introduction of a Sick Pay Scheme.
BACKGROUND:
2. The dispute concerns a claim by the Union on behalf of 7
full-time production workers for a Sick Pay Scheme.
The Company employs approximately 30 workers, including
management. In 1990, the Company made the following offer to
the Union's claim on behalf of the 7 workers concerned - #35
per week for the first two weeks of sick leave followed by
#10 per week for the following four weeks. The Union
rejected the offer.
In September, 1994, the Union referred the dispute to the
Labour Relations Commission. At a conciliation conference on
20th October, 1994, the Company increased its offer to the
following - #40 per week for the first two weeks and #15 per
week for the following four weeks. Again, the Union rejected
the offer. The Union is seeking the following:-
"A. In any rolling 12 month period each worker would have
up to six weeks during which they could claim full
basic pay and shift premium (where applicable) for
absence due to illness.
B. Each worker claiming sick pay must claim any Social
Welfare entitlement due during any part of this six
week period and remit same to the Company wages
office.
C. A medical certificate will be required should an
absence exceed three (3) working days. Absence from
one to three days shall be on a self certification
basis."
The dispute was referred to the Labour Court on 5th January,
1995, under Section 26(1) of the Industrial Relations Act,
1990. A Labour Court hearing took place on 5th April, 1995,
in Waterford.
UNION'S ARGUMENTS:
3. 1. Most of the Company's other workers have a much better
sick pay scheme than the seven workers' scheme.
2. With a medical certificate costing an average of #15,
the workers would have no financial benefit after the
first two weeks in the case of a long term illness.
3. There is a provision within the Programme for
Competitiveness and Work (PCW) to pursue claims for sick
pay. The workers concerned are committed to the success
of the Company. They deserve a sick pay scheme which is
equal to that of the other workers in the Company.
COMPANY'S ARGUMENTS:
4. 1. The Company's offer is reasonable. The following
payments would be available from Social Welfare for the
workers concerned:-
Spouse working Spouse not working
# #
Married 2 children 74 124
4 children 87 150
2. The Company operates in a very competitive industry with
increasing competition from outside Ireland. It is
essential to keep costs at a minimum. The Company has
honoured all national wage agreements.
RECOMMENDATION:
The Court recommends, in the light of the views expressed by the
parties in their oral and written submissions, that a Sick Pay
Scheme be implemented which provides for six weeks benefits as
follows:-
Weeks 1 to 3 - #40 per week
Weeks 4 to 6 - #20 per week
The Court further recommends that the parties review the operation
of the scheme after it has been twelve months in operation.
~
Signed on behalf of the Labour Court
3rd May, 1995 Tom McGrath
C.O'N./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.