FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KNOCKANRAWLEY RESOURCE CENTRE - AND - SIPTU TIPPERARY DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Sick Leave, Overtime, Pension
BACKGROUND:
2. In June 2005, SIPTU issued a letter to the Director of Knockanrawley Resource Centre Limited regarding twelve issues they wished to raise with management on behalf of the staff they represented. A meeting between Union officials and management took place on 4th October 2005, after which only four outstanding issues remained. These related to sick pay, overtime, the implementation of a defined contribution pension scheme and uniforms. A sick pay scheme was already in place but staff wished to lengthen this from the current one week uncertified and two weeks certified per annum to one week uncertified and eight weeks certifed less the social welfare contribution. Any overtime worked is currently compensated for with time given in lieu. Regarding the pension scheme, currently this is only available to management and coordinator staff due to limitations of funding.
The dispute could not be resolved at local level and 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 30th June 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 20th March, 2007.
UNION'S ARGUMENTS:
3. 1 Currently the sick pay scheme is based on one week uncertified and two weeks certified per annum. The union are seeking to have the two weeks of certified sick leave increased to eight weeks less the social welfare contribution.
2 A defined contribution pension scheme should be introduced for all staff with the employer contribution set at 10% and employee at 5%. This claim is in line with the private sector pay and related issues covered under Toward 2016 paragraph five, section three. Management have confirmed that they were prepared to pay the terms of Towards 2016. A compensation payment of €1000 per year of service should be made to staff who were not offered entry into the defined contribution scheme when it existed.
3 Staff should be paid time and a half for work done outside of normal contracted hours and double time when called in on their day off.
COMPANY'S ARGUMENTS:
4 1 The company recognise the high rate of sick leave. The company pay staff for their sick leave from day one of their absence and not after the third day as is often the case. The majority of sick leave taken is between one and three days, therefore it is not possible to claim social welfare. For this reason staff are not asked to claim social welfare and reimburse the company. The union are looking extend the certified sick pay provisions but due to the company's current financial position it could not afford the extra cost involved in paying replacement staff. The company's paid sick leave scheme is in line with standards in comparable employments.
2 The Department of Health and Children fund childcare salaries but this does not provide for pensions. Similar centres surveyed do not have defined contribution schemes either. The company will be meeting with senior officials from the relevant Government Departments on 30th March 2007, to discuss this matter. The company are in favour of pensions for all permanent staff but this is not possible in its current financial situation.
3 The Company is not in a financial position to pay overtime to staff. Overtime is worked on a voluntary basis at times that are suitable to the company and employee concerned. Similar centres do not pay overtime. The company offers time in lieu at a rate of one hour of leave for every hour worked.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends as follows in relation to the Union's claims:-
Sick Leave
The Court recommends that the claimants' entitlement to certified sick leave be increased to four weeks. However all sick leave should be subject to deduction of social welfare benefits, where applicable.
The court further recommends that the parties should cooperate in putting arrangements in place for the purposes of reducing the current unacceptable level of absenteeism.
Overtime
The Court recommends that the current arrangement of allowing time off in lieu of overtime should continue. However, time off should accrue at normal overtime rates, namely 1.5 hours off for each hour of overtime worked for the first four hours of overtime in any day and double the actual time worked thereafter. Sunday overtime and overtime before normal starting time (if any) should also accrue at double time.
Pensions
The current defined contribution scheme applicable to management grades and coordinators should be extended to the claimants in this case.
The Court further recommends that the parties should cooperate in making the necessary representations to the funding agencies so as to allow these recommendations to be implemented.
Signed on behalf of the Labour Court
Kevin Duffy
3rd April 2007______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.