FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST HILDA'S SERVICES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Compensation For Loss Of "In Lieu" Days
BACKGROUND:
2. This dispute concerns a claim by two Care Assistants for compensation for the loss of the ability to work up an additional five days annual leave on foot of an arrangement to work extra hours on cleaning duties and bank those hours towards additional leave.
This 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 was not reached, the dispute was referred to the Labour Court on the 22nd November 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st October 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Care Assistants have enjoyed this benefit for many years.
2. The Care Assistants have no objection to Management's initiative to have the cleaning duties carried out in a more efficient and cost effective manner.
3.The Care Assistants should be compensated for the loss of something they regarded as a benefit of employment.
EMPLOYER'S ARGUMENTS:
4. 1. The practice of requiring Care Assistants to perform cleaning duties was a temporary arrangement.
2.Since this policy was changed in May 2006, Care Assistants are no longer required to perfom cleaning duties.
3.Three of the five Care Assistants concerned accepted this change in policy.
RECOMMENDATION:
Given all the circumstances of this case as outlined, the Court recommends that the two claimants be compensated by the concession of five days annual leave on a once-off, non-precedential basis.
Signed on behalf of the Labour Court
Raymond McGee
14th November, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.