FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LISAVAIRD CO-OP - AND - MANDATE DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Church Holidays
BACKGROUND:
2. Lisvaird Co-Operative Society Limited wishes to trade on Church Holidays into the future. The days in question are 6th January, 15th August, 1st November and 8th December. Currently staff holiday entitlements are 21 days leave, 2 days in lieu of thirty-nine hour week, 9 public holidays and these four Church Holidays. In negotiations the Company offered to compensate staff for the loss of these days. This was not an option for the staff concerned as no financial settlement could compensate for the loss of these Church Holidays.
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 could not be reached, the dispute was referred to the Labour Court on 20th June 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court Hearing took place on 21st March, 2007.
UNION'S ARGUMENTS:
3. 1 The staff are not contractually required to work the days in question and regard these days as sacrosanct. For some of the staff involved, their religious beliefs have a bearing on their position and for all the staff involved the importance of retaining these four days cannot be overstressed.
2 Staffing levels are low within the Co-Op and staff encounter difficulties when they try to take their Annual Leave. Carrying leave over from year to year is the norm. The only guaranteed days off to them are the Church Holidays.
3 If the Co-Op was to open on these days, the Union believes there would be little financial gain. The Co-Op has continued to show profits over and above the business forecasts. The staff believe that the individual value placed on their Church Holiday entitlements far exceeds that on the bottom line of a profit margin
COMPANY'S ARGUMENTS:
4 1 Church Holidays were always intended as a concession and not an entitlement. Church Holidays were traditionally days off to allow people attend masses. Mass times are now varied to facilitate people at different times.
2 Church Holidays are working days throughout the business and agricultural world. As other local businesses trade on these days, the Co-Op needs to also, so as to directly compete on a level playing field.
3 Customers are demanding service on these days. Business in this sector is very competitive and margins are tight. Any losses could have serious repercussions for all stakeholders. While it may not have been evident in the past, flexible opening hours is very important to customer loyalty in recent times.
RECOMMENDATION:
The Court recommend that the workers agree to work on the four Church Holidays which should, in future, be normal working days. Existing staff should be compensated by receiving four days annual leave in lieu.
This leave should be given as individual days during the leave year to which it relates. Two of the days should be given in the first half of the leave year and two in the second half of the year.
This arrangement should apply to existing staff only on a red-circled basis. New staff should not have this entitlement.
Signed on behalf of the Labour Court
Kevin Duffy
13th April 2007______________________
dnChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.