FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTHERN AREA HEALTH BOARD - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Calculation of marriage leave entitlement.
BACKGROUND:
2. Craftworkers in the health boards are entitled to up to 5 days additional leave when getting married, subject to the annual leave and marriage leave not exceeding 24 days in total, as set down in a Department of Health and Children Circular of July, 1997.
The craftworkers Analogue Agreement of 1997 refers to the phased addition of three days annual leave as 'Christmas Special Leave'. The Union claims that these three days do not form part of the workers base annual leave entitlement.
On the basis of the above the Union sought 3 days marriage leave on behalf of a worker in respect of his marriage in 2001.
The dispute could not be resolved at local level .The issue was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 11th of September, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 28th of January, 2004.
UNION'S ARGUMENTS:
3. 1. The worker concerned had an entitlement to 20 days annual leave, plus three days 'special leave' as per the Analogue Agreement of 1997. He was therefore entitled to four days 'marriage' leave.
2. The three days 'special leave' as per the Analogue Agreement are not annual leave days.The worker is entitled to them along with his entitlement under the Organisation of Working Time Act, 1997.
3. Two fellow workers received the 'marriage' leave, one in 1999 and one in 2003.
MANAGEMENT'S ARGUMENTS:
4. 1. Management consider the three days 'special leave' awarded under the Analogue Agreement to be part of the total annual leave entitlement for craftworkers.
2. A circular from the Department of Health and Children of July, 1997 provides for leave on marriage provided that the staff member's annual leave does not exceed 24 days.
3. The worker had an annual leave entitlement of 23 days. He was offered one additional leave day in respect of his marriage.
RECOMMENDATION:
The Union submitted a claim before the Court on behalf of a worker for 4 days special leave in accordance with Department of Health circular dated 11th July, 1997 entitled "Application of Special Leave with Pay on Marriage to Non-Officer Grades".
This circular provides for a maximum of 5 special days with pay on the occasion of marriage provided that the amount of special leave granted, together with the annual leave allowance does not exceed a total of 24 days, in the leave year concerned. The employer indicated to the Court that as the claimant had received 23 days leave in the year of his marriage, they were only prepared to grant one-day special leave with pay. The Union disputed the 23 days on the basis that three of these days were not annual leave but were special days granted under the craftworkers' analogue agreement and could not be regarded as part of annual leave.
The Court has considered the submission of both parties and notes that the circular on special days on the occasion of marriage originated in 1983 when it was initially introduced for certain grades within the public sector. The intent of the circular is clear and specific; the combination of annual leave and special leave is subject to a limit of 24 days in the year. This circular has clearly not been updated to take account of the increases in annual leave, which have occurred since that date.
The Court is of the view that the employer's interpretation and application of that circular is correct and that the claimant was accordingly entitled to only one day on the occasion of his marriage in 2001, in accordance with the circular.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th February, 2004______________________
M.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.