FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Compassionate leave
BACKGROUND:
2. This case concerns a dispute between the HSE West and IMPACT in relation to changes to compassionate leave arrangements. The Union contends that the HSE issued a Memorandum stating that the existing arrangements in respect of compassionate leave had been superseded by the issuing of HR Circular 016/2012. The Union does not accept this position and is instead relying on the provisions of the collective agreement in existence on the issue. Management contends that HSE Corporate Employee Relations has issued a policy document on the matter and its provisions must be implemented.
On the 1st July 2013 the Union referred the matter 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 5th February 2014.
UNION’S ARGUMENT:
3. 1.There is a collective agreement in place between the parties on the application of compassionate leave arrangements. Management has attempted to diminish the entitlements of the workers in respect of this issue which the Union cannot accept.
EMPLOYER'S ARGUMENT:
4. 1. Management must adhere to Corporate HSE Policy and documents that are issued by them for implementation. In the absence of a document amending or revoking HR Circular 016/2012, the HSE West is legally obliged to apply its provisions.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and refers to the application by HSE West of HSE Circular 016/2012 “Compassionate Leave in the Health Service” which was amended to ensure compliance with the provisions of the Civil Partnership and Certain Rights of Cohabitants Act 2010. The Union submitted to the Court that the application of this revised Circular on compassionate leave overturns previous such leave entitlements agreed under the auspices of the Regional Partnership Committee. It sought to retain the original agreed arrangements and amended only to take account of the 2010 Act.
The Court in Labour Court Recommendation No 20596 dealt with a similar claim in HSE South-East. The Court sees no reason to diverge from its Recommendation in that case and hereby issues a similar Recommendation in this case.
It is accepted that a collective agreement exists between the parties in respect of compassionate leave in the area in HSE West. The Circular issued by the HSE giving rise to this dispute was not agreed with the relevant trade unions.
In those 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 HSE West Region adjusted to take account of the provisions of the Civil Partnership and Certain Rights of Cohabitants Act 2010.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th February 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.