FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KILLARNEY TOWN COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Annual leave.
BACKGROUND:
2. The dispute concerns the annual leave entitlement for a number of outdoor staff employed by the Council. From 2002 - 2004 these workers have enjoyed an annual leave of 24 days. Whilst the Council accepts that this has been the case it argues that the correct annual leave for the grade is 21 days and that the additional 3 days were granted in error. (The Council sought to change the leave at the end on 2005 when it became aware of the situation.) Although neither party could establish exactly how this happened, the Union claims that it was part of a "local arrangement".
The dispute was referred to the Labour Relations Commissions and a conciliation conference took place. As the parties could not reach agreement, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Listowel on the 1st November, 2007.
UNION'S ARGUMENTS:
3. 1. The workers are clear that the additional 3 days were granted as a result of a local agreement which involved changes to work practices.
2. Management accepted for a number of years that the annual leave was 24 days. (The Union supplied copies of leave sheets supporting its argument.)
COUNCIL'S ARGUMENTS:
4. 1. The annual leave entitlement for the grade became 21 days in 2000 and has remained unchanged since then. All contracts for outdoor staff since 2001 state that the annual leave is 21 days.
2. There is no documentary evidence to support the Union's claim that a deal was done at local level to grant an additional 3 days' leave to the workers concerned.
RECOMMENDATION:
While the records clearly show that, for the years between 2002 and 2004, the leave allowance granted to this group of workers was 24 days, neither side has been able to explain to the Court on any plausible basis how this occurred and continued for 3 years, whereby, through error or not, a benefit was enjoyed.
The view of the Court is that the appropriate general level of annual leave of these workers should be the same as applies in Kerry County Council generally for this category of worker. The Court recommends that the parties should re-engage in order to agree an appropriate local agreement based on that allowance.
Signed on behalf of the Labour Court
Raymond McGee
12th November, 2007______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.