LCR17134

SUBJECT:
1. Change in sick pay scheme.


BACKGROUND:

2. The Company has been in business since 1983, in the manufacture of precision sheetmetal parts and assemblies. The dispute concerns the introduction of a new agreed Sick Pay Scheme and its withdrawal after one year in operation.

The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 12th February, 2002. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 11th March, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th April, 2002.


UNION'S ARGUMENTS:

3. 1. No member was ever disciplined under the provisions of, or excluded from, the Sick Pay Scheme.

2. The Company did not refer any member to the Company Doctor.

3. The Union was not invited to participate in a review of the Scheme and was informed of the Company’s decision only after withdrawal of the Scheme.

4. All members of the Scheme have been affected.



COMPANY'S ARGUMENTS:

4. 1. Absenteeism increased dramatically following the introduction of the Scheme.

2. The practice of claiming sick pay for the maximum 6 weeks allowed and returning to work at the beginning of the 7th week commenced.

3. The Company is prepared to consider an alternative proposal.


RECOMMENDATION:

On the basis of the agreement by which the sick pay scheme was introduced, the Union should have been involved in the review of its operation. Moreover, the Union should have been informed of the management's concerns at possible abuses of the scheme as soon as they became apparent and given an opportunity to address those concerns.

The Court recommends that the scheme as provided for in the agreement should now be restored. Its operation should be monitored and it should be comprehensively reviewed in December 2002. The outcome of that review should be communicated to the Union and discussions held with them to address any issues arising from the review.

The Union should also undertake to cooperate with management in addressing any concerns regarding possible abuses of the scheme which become apparent in the period up to the review.



Signed on behalf of the Labour Court



Kevin Duffy
29th April,2002______________________
CH/MBDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Caroline Hayes, Court Secretary.