FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH EAST - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Unilateral changes to the Compassionate Leave Agreement in the HSE South East.
BACKGROUND:
2. This dispute concerns changes made to compassionate leave arrangements by the HSE. This dispute could not be 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 dispute was referred to the Labour Court on the 16thApril 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 3rdSeptember 2013.
UNION’S ARGUMENTS:
3. 1. The Union became aware of a memorandum which was issued from the HSE Employee Relations section dated 24/10/2012. It stated that HR Circular 016/2012 (Compassionate Leave in the Health Sector had superseded existing arrangements in the HSE South East Area.
2. The Union does not except the amendment to the Compassionate Leave circular which issued to ensure compliance with Section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 consequentially meant it was an instrument to standardise arrangements in respect of compassionate leave across the HSE. It is the Union’s contention Corporate Employee Relations used the legislation in a cynical manner to diminish more favourable local arrangements for compassionate leave.
EMPLOYER'S ARGUMENTS:
4. 1. In 1980 the Department of Health released circular S146/72 “Special Leave for Domestic Reasons”. In 2003 the former South Eastern Health Board Partnership Committee agreed a revised SEHB Compassionate Leave Policy which extended to five days the leave allowed for the death of an immediate relative.
2. On August 2nd2012, the HSE issued circular 016/2012, which addressed Compassionate Leave in the Health Service. This circular amended the Department of Health circular S146/72 to ensure compliance with Section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. Circular 016/2012 also clearly stated that “This circular supersedes all previous circulars and local arrangements governing such leave with immediate effect”.
RECOMMENDATION:
It is accepted that a collective agreement exists between the parties in respect of compassionate leave in the area in HSE South East. The circular issued by the HSE giving rise to this dispute was not agreed with the relevant trade unions.
In these circumstances the circular cannot offset or supplant the collective agreement. As a matter of good industrial relations practice parties are obliged to honour the terms of collective agreements unless and until they are voluntarily renegotiated or terminated. It is noted that the terms of the disputed circular is the subject of negotiation between the parties at national level. Pending any agreement to apply the terms of that agreement nationally the current agreed terms should continue to apply in the South East Region, adjusted to take account of the provisions of the Civil Partnership and Certain Rights of Cohabitants Act 2010.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
17th September, 2013.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.