FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BROTHERS OF CHARITY SERVICES LIMERICK - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Sick Leave/ Annual Leave Entitlements (When On Long-Term Sick Leave)
BACKGROUND:
2. This case concerns a dispute between SIPTU, the INO and the Brothers of Charity Services Limerick in relation to the accrual of annual leave while absent on long term sick leave.
TheUnions' position is that the terms and conditions of employment of the nursing staff employed by the Brothers of Charity are analogous to comparable staff in the public sector and that annual leave entitlements should still accrue during sick leave absence.
Management's position is that it applies the qualification criteria for annual leave as is laid down in the Organisation of Working Time Act, 1997 and specifically relates to hours worked.
The dispute was not 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 matter was referred to the Labour Court on 16th December 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 27th May, 2009.
UNION ARGUMENTS:
3 1 The nurses employed by the Brother of Charity Services, Limerick are comparable to nurses employed in the wider public service. As annual leave continues to accrue while absent on sick leave for those workers, it should be applied to the claimants in this case also.
COMPANY'S ARGUMENTS:
2 Management are compliant with the Organisation of Working Time Act, 1997 in that it applies the criteria for the accrual of annual leave as provided in the Act. Entitlements to annual leave are based on actual hours worked and therefore the Union's claim is without merit.
RECOMMENDATION:
The Court notes that the principal conditions of employment of nurses employed by the Service are aligned with those of nurses in the Public Service. For this and other reasons advanced in the course of the hearing the Court recommends that the Unions’ claim be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
15th June 2009______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.