FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - INMO DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Recording of Sick Leave in HSE Mid-West.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union in relation to the method of recording sick-leave for Workers located in the Mid-West region. The current practice of recording sick-leave in the Mid-West region entails counting the total number of absence days from the first day of absence up until the day of return to work. It is the Union's claim that when it is the case that a Worker has rostered days off falling immediately after a period of sick leave that these are currently incorrectly counted as sick days by the Employer. The Employer disputes the Union's position arguing that its sick leave recording method is in line with nationwide HSE circulars and all other HSE regions.The 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 27th May, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th November, 2014.
UNION'S ARGUMENTS:
3. 1. It is unfair and unreasonable for the Employer to count rostered days off that fall after a sick leave period as sick leave days when a Worker is fit to resume duties.
2. Rostered days off form a part of active duty and cannot be counted as sick leave under any circumstance.
EMPLOYER'S ARGUMENTS:
4. 1. The current sick leave recording policy is fully in line with nationally issued Circulars and is the practice within the HSE generally.
RECOMMENDATION:
In the Court’s view the practice in relation to the recording of sick leave in the Mid-West Region should be in line with that in the generality of the HSE. It is for the parties to establish what the generally applicable practice actually is elsewhere in the HSE.
If the parties are unable to agree on what the practice is elsewhere in the HSE they should appoint an independent person for that purpose.
Signed on behalf of the Labour Court
Kevin Duffy
21st November 2014______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.