FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY ASSOCIATION FOR MENTALLY HANDICAPPED CHILDREN (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr Rorke |
1. Loss of two Church holidays.
BACKGROUND:
2. The Association was established in 1962 as a voluntary organisation. It provides services to approximately 420 children and adults, and employs over 200 staff.
The claim by the Union is on behalf of 10 Educators employed in the child education and development centres (the Union supplied a full list of the workers' duties), and concerns the loss of two Church holidays, namely Corpus Christi and Ascension Thursday. Approximately two years ago, the Catholic Church decided that the celebration of the two Church holidays would be transferred to the following Sunday in each case. There are four remaining Church holidays which are celebrated on weekdays.
The contracts of approximately half of the Educators states that they should enjoy 35 days annual leave plus Church holidays (Educators hired in the last five years do not enjoy the benefit of Church holidays). The dispute was referred to conciliation and a conference took place on the 21st of October, 1997. The Association offered compensation at twice the annual loss of the two Church holidays, i.e. 4 days' payment, but the Union would only accept two extra days' leave in lieu.
The dispute was referred to the Labour Court on the 9th of April, 1998, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th of August, 1998, in Galway.
UNION'S ARGUMENTS:
3. 1. The workers' contract of employment states that their leave entitlement is 35 days annual leave plus public holidays and Church holidays. The workers are categorised as Educators, and the leave is in line with those working in education. In all cases where employees had entitlements to Church holidays, nobody lost any leave as a result of the change. Their Church leave entitlement was converted to additional leave and frozen at 7 days.
2. The only people affected by the claim are the 10 workers concerned. Some of the 10 have been working for 20 years with the Association. Both Church holidays concerned still fall on Thursday. It is only the celebration of them that has changed to Sunday.
ASSOCIATION'S ARGUMENTS:
4. 1. The 10 Educators are the only workers in the Association who have 35 days annual leave plus Church holidays. All over workers have 20-31 days per annum and have no Church holidays. The number of Church holidays falling during week days has always varied. Staff have never sought or been granted days in lieu of Church holidays falling during maternity leave or sick leave.
2. The Association has complied with the workers' contract of employment in that they still have 35 days' annual leave plus Church holidays. Church holidays which fell on a Sunday were never credited to annual leave.
RECOMMENDATION:
The Court, having considered the written and oral submissions, recommends that the employees accept the Association's offer of compensation at twice the annual loss.
Signed on behalf of the Labour Court
Finbarr Flood
21st September, 1998______________________
C.O'N./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.