LCR20613

SUBJECT:
1. Reinstatement of leave.


BACKGROUND:

2. The case concerns a dispute between Health Service Executive (HSE) West and SIPTU in relation to a claim for the restoration of a day's annual leave to two drivers employed by Westdoc Ltd, who attended the inaugural biennial conference of SIPTU's Health Division. The Union is claiming that the workers were not released with pay to attend the conference and attended by using annual leave instead. The Union contends that this is at variance with agreed procedures between the Union and the HSE.

Management's position is that due to budgetary constraints within the service it could not sanction the release of the workers with pay to attend the conference in question. The workers were released to attend the conference but at their own expense.

On the 6th March 2013, the Union referred the 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 25th September 2013.


UNION'S ARGUMENTS:

2. 1. An agreement concluded between the parties provides for the paid release of staff attending Trade Union Conferences. The employer did not abide by the agreement and was in breach of its own procedures in refusing to engage in the resolution of the dispute.

MANAGEMENT'S ARGUMENTS:

3. 1. The employer could not sanction the paid release of the staff to attend the conference for budgetary reasons. As a result the staff chose to attend the conference by using a days annual leave. The employer considers this reasonable in the circumstances.

RECOMMENDATION:

The Court finds it particularly disturbing that the HSE refused to abide by its own dispute resolution procedures in dealing with the issue before the Court.

The agreement on the provision of paid leave for Trade Union conferences could not be clearer. The Claimants were plainly entitled to payment for the days in question. The Court recommends that the HSE should implement the terms of the agreement and that the Union's claim for the restoration of a day's leave to each of the Claimants be conceded.



Signed on behalf of the Labour Court



Kevin Duffy
3rd October, 2013.______________________
AH.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.