FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FAS - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation Ir-037068-Ir-06/JH.
BACKGROUND:
2. On the dissolution of the National Rehabilitation Board (NRB) in 2000, the Worker was transferred to FAS and was assured his Special Leave entitlements that he had been accustomed to at the NRB would continue. However in 2004 the Worker was informed by Management that difficulties pertaining to staffing cover would mean that in future his Special Leave arrangements would be curtailed.
The issue involves a claim by a Worker represented by SIPTU. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 30th May 2007, the Rights Commissioner issued her Recommendation as follows:-
- "The Worker to be facilitated in attending all meetings and special meetings of the Tullamore Town Council provided that he informs his manager of the date and time of the meeting as soon as possible after he is aware of such dates and times
- In addition to the above the Worker to be provided with up to five days special leave with pay to attend other meetings in a representative capacity on behalf of Tullamore Town Council whether those meetings are at home or abroad. Again, he is required to notify his manager of such dates and times as soon as possible after he becomes aware of them. Any leave over and above the meetings of the council and the five days referred to above to be at the Worker's expense and to be subject to approval by his manager in advance taking into account the exigencies of the work situation. Any dispute regarding the allocation of the unpaid leave to be a matter to be decided by the Director of Human Resources whose decision will be final in the matter
- Within the provisions as set out above, the Worker should himself adopt a reasonable approach to his attendance at meetings in terms of the potential impact on his colleagues and should support, at Council level, meeting arrangements which would allow him to take his time off, but also to minimise the impact on his colleagues who must continue to provide a full service in his absence"
On the 6th June 2007 the Union on behalf of the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court Hearing took place on the 26th September, 2007.
UNION'S ARGUMENTS
3. 1. The Worker is legally entitled to the Special Leave arrangements which he carried forward from his time with the NRB as it was part of his terms and conditions of employment and must be honoured.
2.The Worker cannot accept the Rights Commissioner's Recommendation as it clearly diminishes his conditions of employment that he enjoyed in the NRB and for four years in FAS.
3. The Worker is being forced to use his own annual leave and finances to facilitate the prosecution of his important Public Representative duties. He is entitled to a full retrospective application of all special leave days denied to him and assurances that these entitlements will be maintained for as long as he remains an elected Public Representative.
COMPANY'S ARGUMENTS:
4. 1. While the Worker was a member of both Tullamore Town and Offaly County Councils his Special Leave was honoured with pay, however, when he lost his seat on the County Council, he was informed by Management that as the Town Council meeting starts at 16.00 Hrs to facilitate "Day Job" commitments of Council Members, no Special Leave would be required.
2. The Worker will continue to have Special Leave facilities as per the old NRB policy, and in addition will be paid for all Town Council meetings. He is required to seek approval from his line manager as per NRB policy and there can be no guarantee that the Special Leave will be granted.
DECISION:
Having considered all aspects of this case the Court's view is that the Rights Commissioner's Recommendation is reasonable and should be accepted.
The Court upholds the Recommendation of the Rights Commissioner and dismisses the appeal.
Signed on behalf of the Labour Court
Raymond McGee
18th December, 2007______________________
JF.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.