FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST ANNES SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Rehearing of LCR18263
BACKGROUND:
2. The case was already before the Court in June, 2005, and concerns an interpretation of the Serious Physical Assault Scheme. The full background to the case is contained in LCR18263. Basically the Union's case is that the Service has failed to acknowledge what constitutes an assault on members and this has resulted in its subsequent failure to pay the members physical assault pay which consists of six months' full pay followed by six months' half pay to include full bonuses while out. Members who have been absent as a result of physical assault are paid under the sick pay scheme which does not include any bonuses. Talks on the issues were to have taken place a National level but as this did not take place the Union referred the case back to the Labour Court for a definitive recommendation. The following is the Court's recommendation:
RECOMMENDATION:
The case before the Court arises from a previous hearing concerning the application the Service’s ‘serious physical assault’ policy. The Court issued LCR 18263 which recommended that the issue should be dealt with as part of the national level talks on the issue. However, these talks did not materialise and the issue was referred back to the Court for a definitive recommendation.
The Court notes that the difficulty with the application of the policy in the Service arises as, despite the occurrence of a substantial number of physical assaults, no member of staff has ever benefited under the scheme and, consequently, loses premia payments and allowances when they are absent due to such assaults.
Having considered the matter, the Court is of the view that staff should generally not be at a loss of normal pay and allowances when absent due to work related assaults. Therefore, the Court recommends that any period in excess of three days due to certified and validated absence arising from work related assault should be paid at normal pay, appropriate premia and allowances. To be entitled to the benefit, the Service’s General Practitioner should validate such absence.
The Court recommends that the Service should amend its sick pay scheme to reflect this recommended amendment which should become effective from 1st January, 2008.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th January, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.