Labour Court Database __________________________________________________________________________________ File Number: CD95436 Case Number: LCR14927 Section / Act: S26(1) Parties: OUR LADY'S HOSPITAL, CRUMLIN (THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning privilege days for telephonists.
Recommendation:
Having considered the submissions, the Court recommends that the
Union's claim be conceded.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95436 RECOMMENDATION NO. LCR14927
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
OUR LADY'S HOSPITAL, CRUMLIN
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning privilege days for telephonists.
BACKGROUND:
2. The dispute concerns two full-time telephonists working in
the Hospital since 1961 and 1987 respectively, each of whom
has had the benefit of two privilege days per annum. The
Hospital claims that they have no entitlement to the
privilege days, as they are in a non-officer grade. No other
non-officer grade in the Hospital receives privilege days.
The Union argues that the Department of Health linked
clerical grades with telephonists for the purpose of annual
leave, including the granting of privilege days. The dispute
was the subject of a conciliation conference under the
auspices of the Labour Relations Commission, at which
agreement was not reached. The dispute was referred to the
Labour Court in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court carried out its
investigation on the 21st of September, 1995, the earliest
date convenient to both parties.
UNION'S ARGUMENTS:
3. 1. The telephonists have received the privilege days since
the commencement of their employment at the Hospital,and
no developments have arisen which should change that
situation.
2. The practice of granting two privilege days (1 at
Christmas, 1 and Easter) to certain categories of staff,
including telephonists, has been the norm in the Health
Service in Dublin for many years.
3. The Hospital's attempt to change the practice of
privilege days for telephonists has no reasonable basis.
It is an attempt by the Hospital to make a gain against
a small and vulnerable group of workers.
HOSPITAL'S ARGUMENTS:
4. 1. The telephonists have taken privilege days to which they
were not entitled, and without approval.
2. The voluntary hospitals where telephonists are entitled
to privilege days have different conditions of
employment.
3. The Hospital is prepared to retain the privilege day, on
a red-circled basis for the two telephonists who have
benefited in the past, on condition that telephonists
employed in future will not have the same entitlement.
RECOMMENDATION:
Having considered the submissions, the Court recommends that the
Union's claim be conceded.
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Signed on behalf of the Labour Court
9th October, 1995 Evelyn Owens
M.K./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.