FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LOUTH & MEATH NURSING AGENCY - AND - IRISH NURSES' ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Non-payment of annual leave.
BACKGROUND:
2. The Union has submitted a claim for unpaid annual leave on behalf of 20 agency nurses employed by the Company. The Louth & Meath Nursing Agency employed nurses and provided agency nursing services for the North Eastern region. The Union claims that the Agency has never recognised their employer status and avoided the payment of annual leave due to the nurses concerned.
Management stated that each nurse would be paid holiday pay as soon as it receives payment from the Health Board.
The Union referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 28th August, 2003.
UNION'S ARGUMENTS:
3. 1 The Organisation of Working Time Act, 1997 provides for holiday pay for agency workers. The Union contends that the Louth & Meath Nursing Agency is responsible for the payment of holiday pay for these nurses.
2. The Union believe that the claim for holiday pay provided the catalyst for the Agency to cease trading in January, 2003, leaving its members out of pocket by €40, 000.
3. Following a Rights Commissioner's hearing in Dundalk in July, 2002, the Agency paid holiday pay to one nurse totalling €1100.
4. The Louth & Meath Nursing Agency has failed to uphold its statutory obligation.
AGENCY'S ARGUMENTS:
4. 1. The Agency was considered as an administrative employer for the purposes of payment only. Its function was to run the pay-roll.
2. Nurses were not under the direct control of the Agency. This function was carried out by the hospitals concerned.
3. The fact that the hospital signed the nurses' time sheets shows that the nurse(s) were under the hospital's directive and control at all times.
4. The Agency will continue to pursue its claim for holiday pay with the North Eastern Health Board on behalf of the nurses concerned. Each nurse will get holiday pay when the money is received from the Health Board.
RECOMMENDATION:
The claim before the Court was made by the Union on behalf of 20 agency nurses for annual leave to be paid in accordance with the terms of the Organisation of Working Time Act, 1997. Having considered the submissions of both sides the Court recommends concession of the claim. The Court recommends that outstanding monies due should be paid within a period of two months of the date of issue of this recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th September, 2003______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.