FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KERRY COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Compensation - abolition of Church Holy Days
BACKGROUND:
2. In 1998, the parties entered into an agreement which abolished the practice of working on Church Holy Days. As a result, the workers concerned were granted an additional 5.5 days' annual leave. The Union also sought financial compensation for any worker who suffered a loss of earnings as a result of the change. This included staff in the refuse collection services who would have worked overtime on the days in question. The Council made an offer of £300 (380.92 Euro) to staff who had worked a minimum of 7 days in each of the previous 2 years. The Union is seeking 5 times the amount of the loss. A problem is that neither party has exact details of the number of workers involved or the amount of compensation to be paid.
The dispute was the subject of 2 conciliation conferences in December, 2000, and March, 2001. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 23rd of May, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 25th of September, 2001. in Tralee.
UNION'S ARGUMENTS:
3. 1. There have been numerous previous cases where compensation of up to 3 times the annual loss has been paid for of earnings (details supplied to the Court). Refuse collectors would suffer a loss of £335 (425.36 Euro) per year. The Union accepts that compensation should be paid on a pro rata basis, depending on the amount of Holy Days worked.
2. Because people now have to work the Holy Days it means that they cannot attend Church services with their colleagues and family.
COMPANY'S ARGUMENTS:
4. 1. The granting of the additional 5.5 days' annual leave was accepted by staff in full and final settlement of all issues relating to this matter. The Council accepts that a limited number of staff did traditionally work on Church Holy Days and has agreed to compensate these workers by way of a once-off payment.
2. The working of overtime on Church Holy Days prior to the new arrangements was not an entitlement. It was at the discretion of management and for most groups, apart from refuse collectors, only arose at times of bad weather etc.
RECOMMENDATION:
The Court considered carefully the detailed written and oral submissions made by the parties to this dispute. A difficulty has arise in this case due to the lack of information from both sides with regard to which of the employees worked on Church Holy Days in the past. Management has indicated that it is prepared to make a payment of £300 compensation to those employees who worked a minimum of 7 Church Holy Days in the 2 years prior to 1998.
As the information is not available, and the Union has made a claim on behalf of the staff concerned, the Court recommends that the Council should pay a lump sum of £18,000 (22,855.29 Euro). The Union should take responsibility for the equitable division of this lump sum among the claimants. This payment must be accepted in full and final payment of all claims in respect of the matter.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th October, 2001______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.