Labour Court Database __________________________________________________________________________________ File Number: CD95437 Case Number: LCR14910 Section / Act: S26(1) Parties: CONNAUGHT COURT GROUP (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for the introduction of 5 paid uncertified sick leave days.
Recommendation:
The Court is of the view that the claim as made is not well
founded. It is obvious however that the operation of the sick
leave scheme is a source of concern to the Union and its members.
The Court accordingly recommends that the parties meet and agree
guide lines for implementation of the discretion granted to
management in the scheme. Such guide lines to include an agreed
monitoring mechanism.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95437 RECOMMENDATION NO. LCR14910
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
CONNAUGHT COURT GROUP
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for the introduction of 5 paid uncertified sick leave
days.
BACKGROUND:
2. The Company operates a sick pay scheme which has been in
place since the early 1980's. The scheme is non-contributory
and provides for 10 weeks' net pay, less social welfare, in
any twelve month period. The first three days are paid at
the discretion of management.
The dispute before the Court concerns the Union's claim for 5
days uncertified sick absence. Local level discussions took
place but no agreement was made and the matter was referred
to the Labour Relations Commission. Conciliation conferences
were held on 18th October, 1994 and 27th April, 1995. After
the second conciliation conference both parties agreed to set
up a working party to examine the Union's claim under the
Programme for Competitiveness and Work (PCW). Difficulties
arose on the scope of the enquiry and both parties agreed to
refer the matter to the Labour Court.
The dispute was referred to the Labour Court on 26th July,
1995. A Labour Court hearing took place in Galway on 13th
September, 1995.
UNION'S ARGUMENTS:
3. 1. The Company frustrated the operation of the working
party.
2. The Union is concerned at the manner in which management
use its discretion regarding payment of the first three
days of sick leave.
3. The Union is seeking that the Court recommend that a
specific number of paid uncertified days leave (to be
agreed between the parties) be granted and that the
working party be reconvened to review the overall
scheme.
4. The Company has made substantial profits in recent
years. In the circumstances the Union's claim for an
improved sick pay scheme is justified.
COMPANY'S ARGUMENTS:
4. 1. It was the Company's understanding that the only item on
the agenda of the working party was the matter of
uncertified sick days.
2. The Union's claim cannot be justified. The sick pay
scheme in operation compares favourably with any
comparable scheme in its sector and in the manufacturing
sector in the western region. The claim has no foundation
under Clause 4 of the PCW.
RECOMMENDATION:
The Court is of the view that the claim as made is not well
founded. It is obvious however that the operation of the sick
leave scheme is a source of concern to the Union and its members.
The Court accordingly recommends that the parties meet and agree
guide lines for implementation of the discretion granted to
management in the scheme. Such guide lines to include an agreed
monitoring mechanism.
~
Signed on behalf of the Labour Court
25th September, 1995 Evelyn Owens
F.B./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.