FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BIONICHE TEORANTA (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Policy on Bereavement Leave.
BACKGROUND:
2. Bioniche Teoranta is a Pharmaceutical company based in the Gaeltacht. the Company currently employs 134 people of which 38% are members of the SIPTU Union.
The Company's Compassionate Leave Policy allows for 3 days paid leave if there is a death in the immediate family and 2 days in the cases of grandparents and in-laws.
The Union is seeking the inclusion of aunts and uncles in the policy by way of 2 days bereavement leave and maintains that this was formerly the practice.
The 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 19th May 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th September, 2008.
UNION'S ARGUMENTS:
3. 1.The Union, on behalf of its members, is seeking to restore what it maintains was originally theirs by right.
2. The Union maintains that it is common practice within the Connemara region to grant compassionate leave with regard to the death of an uncle or aunt.
3. The Union contends that this cannot be construed as a cost increasing claim as the members are only seeking to restore what was there originally.
COMPANY'S ARGUMENTS:
4. 1. At the conciliation conference the Union produced an excerpt from a very old handbook which stated that 3 days would be granted for the death of a spouse, parent, sister, brother or child. It also stated that 1 day would be granted for the death of an aunt, uncle, grandparents and in-laws.
2. The Company stated that the policy was updated in the 2003 handbook and granted an extra day for the death of an in-law or grandparent and removed aunts and uncles. There was no objection from the employees or their Trade Union representative at the time.
3. The Company maintains that the claim is cost-increasing and is therefore disbarred under Section 1.4 of the Towards 2016 Agreement.
RECOMMENDATION:
Having considered the submissions of the parties, the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
23rd October, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.