FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALCO STEEL LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Leave entitlement.
BACKGROUND:
2. Galco Steel Limited is a galvanising plant based in Ballymount Road, Dublin. Since 1992 a permanent night shift has been manned by thirteen employees. Between 1992 and 2005 the thirteen workers have enjoyed seventeen days annual leave based on a pattern of 3 x 10 hour days and 1 x 9 hour day.
In 2005 the Company informed the workers that their entitlement would be reduced to sixteen days.
The dispute before the Court is for the retention of the seventeen days leave the workers have enjoyed between 1992 and 2005.
The dispute could not be resolved at local level and was the subject of two conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 18th December, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th April, 2007.
UNION'S ARGUMENTS:
3. 1.The annual leave entitlement was never an issue, until in 2005 the Company informed the Union's members that the entitlement would be reduced to sixteen days.
2.The contract of employment is very clear on the annual leave entitlements for the permanent night shift.
3.An annual leave entitlement of seventeen days has been enjoyed by the Union's members for twelve years from 1992 to 2005.
COMPANY'S ARGUMENTS:
4. 1.The claim is cost increasing and has significant knock-on implications for the Company.
2. The workers on the night shift work 39 hours over four days. Therefore, the annual leave allowance equates to sixteen days i.e. four days over four working weeks.
RECOMMENDATION:
The Court has considered the submissions made by the parties, noting
- the lack of any official records
- the contents of the contracts of employment presented at the hearing
- the Union's assurance to the Court that concession would not lead to follow-on claims.
The Court recommends that the annual leave entitlement of this unique group of workers be retained at 17 days and that they each be compensated as claimed for the two days' lost annual leave.
Signed on behalf of the Labour Court
Raymond McGee
20th April, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.