FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LEITRIM CO. COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Festival Half Day
BACKGROUND:
2. This case concerns a dispute between Leitrim County Council (represented by the Local Government Management Services Board - LGMSB) and Irish Municipal Public and Civil Trade Union in relation to a claim by the Union for the retention of a "Festival Half Days annual leave which was traditionally given to staff in recognition of the June
Bank Holiday Weekend Regatta.
The Union's position is that the leave should still remain on the basis of the other festivals that now occur as it has been a long standing entitlement to staff of Leitrim County Council.
Management's position is that as the festival for which the leave was originally given to staff no longer takes place, it should be discontinued. It also pointed out the cost implications of the additional leave in the current economic climate was unsustainable.
The dispute was not resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Reations Commission. As agreement was not reached, the matter was referred to the Labour Court on 25th November, 2008. A Labour Court hearing took place on 17th February, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The half day festival leave has been an entitlement to employees of Leitrim County Council for many years. The original festival may not take place but there are other festivals and it is reasonable to expect that the leave should continue.
2The leave was not taken by all staff on the weekend of the festival. Staff would provide cover for those taking a half day and would then take their half days leave at a later stage. This was done to ensure that the level of customer service provided by the Council was not adversely affected.
MANAGEMENT'S ARGUMENTS:
4 1 The festival for which the leave was provided, no longer exists. In those circumstances it is inappropriate that the leave be continued.
2 Management cannot justify continuing the discretionary half days' leave. It is essential during the current economic climate that savings be made wherever possible and prudent management of human resources is essential.
RECOMMENDATION:
The Court notes that the festival to which the leave in issue originally related has been discontinued. Nevertheless the leave has continued and has, in reality come to be seen as an additional haf day of annual leave.
The Court accepts that a case has been made out for the discontinuance of this leave. The Court recommends, however, that those who have had this benefit should be
compensated by way of a once-off allocation of two days additional annual leave in 2009 and one days' additional leave in 2010.
Signed on behalf of the Labour Court
Kevin Duffy
2nd March 2009______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.