FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Cessor Pay
BACKGROUND:
2. This case concerns a dispute between the HSE Dublin North East and SIPTU in relation to the payment of accrued annual leave entitlements on retirement. The Union's position is that the practice had previously been to be paid cessor pay on retirement to take account of annual leave that had not been taken while in employment. Management's position is that while this practice did occur, the claims cannot be accurately justified as no adequate records were kept and the amounts due would need to be identified prior to any payments being sanctioned.
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 8th October, 2010. A Labour Court hearing took place on 5th April 2011, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The amounts due to each member of staff have been identifed and verified by the appropriate Rosters Officer (Assistant Director of Nursing level) who was in place at the time the relevant staff retired. The Union accepts these calculations and is seeking the appropriate payment.
2 Management were agreeable to the banking of annual leave as it assisted them in the provision of care to the service users. It is unacceptable that management attempt to apportion blame on the staff for not taking annual leave when they were actively encouraged not to take it.
MANAGEMENT'S ARGUMENTS:
4 1 The calculations and signing off on the leave due were completed by the relevant Rostering Officer but without management sanction or approval. In such circumstances management cannot accept these figures as being totally accurate and in the current circumstances cannot approve payment where there is doubt over the veracity of each claim
2 It is accepted that annual leave did accrue and was not taken. It is unfair to suggest that management are totally responsible for the nursing staff not taking their annual leave entitlements. All staff in question are management grades and should accept some responsibility for the accrual of such levels of leave.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this case.
The HSE acknowledges that the 8 former staff members involved in this claim are due payment in respect of holidays they had accumulated at the date of their retirement. The HSE has also acknowledged that there was a practice in place in the Cavan Monaghan area that allowed some staff to accumulate holidays over a prolonged period of time and to convert them to cash at the date of their retirement. The HSE has further acknowledged that the records on which the calculation of accumulated holidays at the date of retirement was based are difficult to decipher and that this has caused the delay in addressing the claims of the individuals in this case.
The Court is satisfied that each individual’s claim has been assessed on its own merits by the relevant Rosters Officer and has been signed off as an accurate reflection of the leave due. Accordingly the Court recommends that the HSE, over a period of three months from the date of this recommendation, review the relevant record in each case. If the HSE can identify an error in the calculations that have been signed off to date this should be brought to the attention of the individual concerned and addressed to the satisfaction of both sides. Otherwise the HSE should pay the claimants the monies due as calculated by the Rosters Officer.
If there is any disagreement between the parties that cannot be resolved by direct discussion the matter can be referred back to the Court, with supporting evidence for a final recommendation in each disputed case.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
3rd May 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.