FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH SOCIETY FOR AUTISM (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Improvement to the existing sick pay scheme.
BACKGROUND:
2. The Union wants an improvement in the current sick pay scheme. The scheme provides for a total of 10 days' sick pay cover in a calendar year for each employee absent through illness. The Union is seeking 6 months full pay (less social welfare entitlement) with 6 months at half pay for its members.
The Union claims that the sick pay scheme operated by the Society is substantially out of line with sick pay benefits enjoyed by similar workers in other areas of the health service where the minimum entitlement is 12 weeks' full pay.
The Society rejected the claim. It stated that it was not in a financial position to concede the Union's claim.
As no agreement was possible between the parties, the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 27th May, 2001, but no agreement was reached. The dispute was referred to the Labour Court on the 27th May, 2001 in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 29th August, 2001.
UNION'S ARGUMENTS:
3. 1. The present sick pay scheme is substantially out of line with standards enjoyed by similar workers in the health care sector.
2. The Society should provide at least the same standard of sick pay cover as currently exits within the Public Health Service.
3. The work of the society can be stressful and management have a duty of care to look after the well being of both patients and staff.
4. The Union rejects any suggestion that longer sick pay cover would encourage longer periods of absenteeism.
MANAGEMENT'S ARGUMENTS:
4. 1. The Society is not in a position to finance any addition to the current sick leave scheme.
2. The Society is operating under the financial pressure of having to cope with a deficit of over a million pounds.
3. The Department of Health & Children and the various Health Boards have failed to pay in excess of one million pounds which is owed to the Society.
4. The money needed to fund the capital costs of projects carried out by the Society, is raised by the dedicated parents and friends of the Society.
RECOMMENDATION:
The Court having considered the claim for an improvement in the sick pay scheme recommends that the scheme should be increased to three weeks full pay and three weeks at half pay. A discretionary extension on a once-off basis for six months on full pay should apply in those exceptional cases where an employee has established an excellent attendance record over a number of years but becomes incapacitated as a result of serious illness or injury.
In making this recommendation, the Court is conscious of the Society's claim that it has not been paid monies due to it by the Department of Health & Children, through the various Health Boards to a sum in excess of £1 million. In addition, the Court was made aware that the Society has not been paid monies to cover wages for their staff, for the period from January to June 2001.
While the Court appreciates the Society's difficulties it does not believe that the employees' claim should be used to subsidise the Society's lack of funds due to a Government Department's failure to pay monies owed.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd September, 2001______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.