Labour Court Database __________________________________________________________________________________ File Number: CD95116 Case Number: LCR14787 Section / Act: S20(1) Parties: CHILDRENS' HOMES (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - IMPACT |
Dispute concerning public holidays.
Recommendation:
The Court, having considered the views of all of the parties as
expressed in their oral and written submissions, finds an
anomalous situation was allowed to develop in relation to the
staff concerned in this dispute which needs to be corrected.
The Court, accordingly, recommends that the claim of the Union be
conceded.
Division: Mr McGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95116 RECOMMENDATION NO. LCR14787
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
CHILDRENS' HOMES
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
IMPACT
SUBJECT:
1. Dispute concerning public holidays.
BACKGROUND:
2. 1. The claim is in respect of childcare workers employed by
4 Chilren's Homes (details supplied). The Union is
seeking double pay for hours worked on a public holiday
as well as a day's pay or a day off. The Homes are
funded by the Eastern Health Board according to the
provisions of Section 65 of the Health Act, 1953. The
claim was first raised by the Union in December, 1992.
2. Various negotiations have taken place between the
parties during which the Department of Health was asked
to clarify its position on the claim. The Department
responded stating that the workers' public holiday
entitlements were as set out in the Holiday (Employees)
Act, 1973 and 1991. The Department's position was
conveyed to the Union in February, 1994.
3. The parties could not make any progress on the claim.
The Childrens' Homes refused to refer the claim to the
Labour Relations Commission. On 7th February, 1995, the
Union referred the claim directly to the Labour Court
under Section 20(1) of the Industrial Relations Act,
1969. The Court investigated the dispute on the 12th
May, 1995.
UNION'S ARGUMENTS:
3. 1. In 1987, the Department of Health conceded a double
payment for working unsociable hours on Sunday. It was
understood by the Union that the double time payment for
Sunday included public holidays. In 1991, the
Department confirmed verbally that the appropriate rate
for public holiday work performed by childcare workers
was double time (details supplied).
2. The Department has already conceded the pay relationship
with nursing grades (details supplied). In childrens'
homes operated by the Eastern Health Board, childcare
workers receive the double payment for working public
holidays. The Union is seeking the same treatment for
its members employed by homes which are funded by the
Eastern Health Board.
CHILDRENS HOMES' ARGUMENTS:
4. 1. The Homes are satisfied that the workers receive all
their entitlements under the Holidays' Acts. The
Department has recommended that the most appropriate
compensation for staff working on public holidays is a
paid day off in lieu.
2. The Department will not sanction any increase in
spending on public holiday entitlements. The
entitlements enjoyed by the workers are common to the
majority of employments in the public and private
sectors. The Union's claim is cost-increasing and
precluded by the terms of the P.E.S.P. and the P.C.W.
RECOMMENDATION:
The Court, having considered the views of all of the parties as
expressed in their oral and written submissions, finds an
anomalous situation was allowed to develop in relation to the
staff concerned in this dispute which needs to be corrected.
The Court, accordingly, recommends that the claim of the Union be
conceded.
~
Signed on behalf of the Labour Court
31st May, 1995 Tom McGrath
J.F./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.