Labour Court Database __________________________________________________________________________________ File Number: CD9685 Case Number: AD9633 Section / Act: S13(9) Parties: MISSIONARY SISTERS OF THE HOLY ROSARY (MSHR) (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - A WORKER |
Appeal against Rights Commissioner's Recommendation No. ST391/95 concerning proposed changes to the worker's conditions of employment in relation to bank holiday working.
Recommendation:
The Court having considered the written and oral submissions finds
that the Rights Commissioner's recommendation is reasonable in the
circumstances.
The Court therefore upholds the Rights Commissioner's
recommendation and rejects the appeal.
However, employees should be allowed switch with each other on
bank holidays if that can be arranged.
Division: Mr Flood Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9685 APPEAL DECISION NO. AD3396
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
MISSIONARY SISTERS OF THE HOLY ROSARY (MSHR)
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
A WORKER
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No.
ST391/95 concerning proposed changes to the worker's
conditions of employment in relation to bank holiday working.
BACKGROUND:
2. The Missionary Sisters of the Holy Rosary operate a nursing
care facility in Dartry for the elderly. In addition there
are 14 sisters resident in the house.
The worker concerned commenced employment with the MSHR in
September, 1989 as a receptionist/housekeeper. She had a
verbal agreement under which she worked a five day week
excluding bank holidays. The Convent employs two other
workers in similar positions.
In July, 1995 management proposed changes in the worker's
bank holiday arrangement. This would involve her working one
bank holiday out of three, on a rota basis, in return for a
day off in lieu. Management's proposal was unacceptable to
the worker.
The matter was referred to a Rights Commissioner for
investigation and recommendation. The Rights Commissioner's
Recommendation is as follows:-
"I recommend that the claimant accepts that the changes
are needed and that the degree of inconvenience has been
minimised for the three staff members concerned. In
consideration of her objections being removed to the
exercise of the Management's rights in law in relation
to the covering of the 8 bank holidays that she accepts
the sum of £300 paid without precedent or prejudice by
her employer in full and final settlement of all her
claims."
The Rights Commissioner's Recommendation was appealed by the
worker to the Labour Court on 22nd February, 1996 under
Section 13(9) of the Industrial Relations Act, 1969. The
Labour Court heard the appeal on 4th April, 1996.
WORKER'S ARGUMENTS:
3. 1. The worker's terms and conditions of employment exclude
bank holiday working.
2. Part-time workers employed by the Convent are paid
double-time for working on bank holidays.
3. The worker rejects the Rights Commissioner's
Recommendation on the basis that workers in similar
employment generally receive double-time plus a day in
lieu for bank holiday working.
4. Management has shown little regard for the worker's
loyal and dedicated service and for her family
commitments at holiday time.
MSHR'S ARGUMENTS:
4. 1. Out of a total of 39 residents in the house and nursing
home, just four sisters are under 65. As a result of
the ageing population and growth in dependency of the
residents, there is a need for a more formalised
arrangement with regard to year-round care. In order to
maintain an adequate service without placing inordinate
strain on the sisters who are able, the house staff have
been requested to work on public holidays.
2. All of the nursing staff in the home provide cover for
public holidays. This is a necessary requirement due to
the changing nature of the level of care required and in
the knowledge that the house is becoming almost
exclusively a nursing facility. In the circumstances
management's request for the worker concerned to work
less than three public holidays per year is reasonable.
3. The Right's Commissioner in his recommendation stated
that he is "satisfied that the sharing of the
inconvenience between the three staff members is a
reasonable and equitable arrangement in the
circumstances forced on the parties." The employer has
agreed to accept the recommendation as reasonable in the
circumstances and would ask the Court, with respect, to
uphold the recommendation in this instance.
DECISION:
The Court having considered the written and oral submissions finds
that the Rights Commissioner's recommendation is reasonable in the
circumstances.
The Court therefore upholds the Rights Commissioner's
recommendation and rejects the appeal.
However, employees should be allowed switch with each other on
bank holidays if that can be arranged.
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Signed on behalf of the Labour Court
30th April, 1996 Finbarr Flood
F.B./D.T. _______________
Deputy Chairman