LCR17078

SUBJECT:
1. Inclusion of overtime in sick pay.


BACKGROUND:

2. The claim by the Union is to have overtime included in the Council's sick pay scheme. The Council has refused to concede the claim, and the dispute was referred to the Labour Relations Commission. A conciliation conference took place on the 23rd of May, 2001. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 23rd of July, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on he 13th of February, 2002, in Cork, the earliest date suitable to the parties.


UNION'S ARGUMENTS:

3. 1. The workers involved in the claim have a requirement to work regular and rostered overtime. Failure to do so has resulted in disciplinary charges against the individuals.

2. The Labour Court in the past, in recommendations No. LCR11435, LCR12762, and LCR16054 has accepted that regular and rostered overtime is part of the normal working week for the purpose of inclusion in annual leave payments. It is unfair not to include it in sick pay.

3. Regular and rostered overtime is calculated for the purpose of redundancy payments and holiday pay.






COUNCIL'S ARGUMENTS:

4. 1. Two of the recommendations referred to by the Union refer to the inclusion of overtime in holiday pay. It is not feasible to compare annual leave with sick leave, annual leave being a statutory entitlement whereas sick leave is a discretionary payment.

2. The Council amended its sick pay scheme following a claim by the Union to have uncertified sick pay included in the scheme. The scheme was agreed to by both parties, and the Union cannot now seek to amend it.

3. The claim is precluded by the Programme for Prosperity and Fairness (PPF), as it is cost-increasing.


RECOMMENDATION:

Having considered all aspects of this case, the Court understands that the basis of this claim for the inclusion of regular and rostered overtime in sick pay is precluded by the terms of the Programme for Prosperity and Fairness. The Court is satisfied that the sick pay scheme in not out of line with similar schemes in comparable employments.

Accordingly, the Court rejects the claim.



Signed on behalf of the Labour Court



Caroline Jenkinson
28th February, 2002______________________
CON/MBDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.