FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE DUBLIN - LEINSTER - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Paid leave for all Executive Council meetings.
BACKGROUND:
2. The case concerns a claim by a Worker for the provision of paid special leave to compensate her for her attendance at the IMNO Executive Council meetings throughout the year.
The Employer's position is that the Claimant is a job sharer and is only entitled to 50% of the paid special leave as a result.
On the 14th February, 2013 the Claimant referred her dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 23rd April 2013.
WORKER'S ARGUMENTS:
3. 1. The Claimant was elected to the INMO Executive Council in 2008 and was given 20 days special leave a year. That applied from June 2008 until May 2010.
2. In 2009, the Claimant was refused special leave to attend the Annual Delegate Conference. This was pursued by the Union but Management would not change their position.
3. Circular S146/11 allows for 20 days a year to attend Executive meetings; two days to attend the Annual Delegate Conference and one day a year to attend a Special Delegate Conference. There is no reference to leave being calculated on a pro rata basis.
EMPLOYER'S ARGUMENTS:
4. 1. The Claimant is a Senior Staff Nurse and as a job sharer works 18.75 hours a week. In so far as possible, the Claimant has been facilitated in taking appropriate paid time off to attend INMO meetings.
2. Initially when the Claimant was appointed to the INMO Executive Council she was given the full twenty days. However, when clarification was sought from the Head of Corporate Relations it was decided to give the Claimant the special leave on a pro rata basis.
3. There are cost increasing implications in replacing an employee on special leave when the HSE is being tasked with endeavouring to reduce agency costs by 50% since the budget of 2011.
RECOMMENDATION:
Circular S146/11 provided that employees are entitled to up to 20 days paid leave to attend at Executive Council meetings. The circular does not differentiate between full-time and part-time workers.
If there are operational difficulties in the application of the terms of the circular they should be dealt with by the parties at national level.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
2nd May, 2013Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.