FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST JOHN OF GODS KILDARE SERVICES (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH NURSES AND MIDWIVES ORGANISATION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. An appeal of a Rights Commissioner's Recommendation r-133160-ir-13/DI.
BACKGROUND:
2. The Claimant is seeking to maintain her annual leave entitlement equivalent to 53 days per annum.
- The Employer said that HSE Circular 011/2012 applies to the Claimant which entitles workers to a minimum of 22 days and a maximum of 32 days.
This matter was referred to a Rights Commissioner for investigation and Recommendation. On the 3rd April 2014 the Rights Commissioner issued the following Recommendation:-- Having fully considered the submissions made by the parties I find against the claim that the Claimant’s annual leave entitlement be set at 53 days and recommend that her entitlement be set at 32 days per annum. In addition, taking full account of the circumstances of this case, I also recommend that the Claimant receive a “buy-out” of 1.5 times the excess of 21 days leave that have been taken by the Claimant over the past 10 years. This ‘buy-out’ of 31.5 days leave, over and above her entitlement of 32 days annual leave, is to be taken within 3 years of the date of this recommendation, at times to be agreed with the Respondent.
A Labour Court hearing took place on the 24th June 2014.
WORKER’S ARGUMENTS:
3. 1. The Claimant's long standing terms and conditions of employment cannot be unilaterally changed by the Employer.
2. The Claimant’s co-workers in the School enjoy equivalent annual leave and time-off during school closures.
3. The Claimant while employed as a nurse is none the less employed in a school environment and her attendance is determined by the academic calendar.
EMPLOYER’S ARGUMENTS:
4. 1. The Employer recognises that it has been deficient in the recording of annual leave and this has since been rectified.
2. As a good will gesture, the Employer is willing to provide the Claimant with an additional 5 days annual leave per annum which brings the Claimant to the top of the scale per HSE Circular 011/2012.
3. To provide annual leave in excess of 32 days would be a direct breach of the HSE Circular, which the Employer is bound.
DECISION:
Having carefully considered the submissions of both parties to this dispute, the Court in all the circumstances of this case, affirms the Recommendation of the Rights Commissioner.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
24th July, 2014.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.