FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Annual leave issue.
BACKGROUND:
2. This dispute concerns a claim by IMPACT against HSE South regarding a collective agreement which was reached in 2006. 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 1st April, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10thSeptember, 2014.
UNION'S ARGUMENTS:
3. 1. The Union believes that the actions of HSE South amount to a breach of the collective agreement which was entered into in good faith on behalf of its members in 2006 and which was extended to a further group of Union members in 2010.
2. The Union requests that the additional 1.5 annual leave days be reinstated to all eligible staff from the 2012/2013 leave year.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer entered into a collective agreement with the Union in 2006 to abolish "festival/race days" and in recognition the Union members who enjoyed these concession days up to 4thAugust 2006 received an additional 1.5 days' annual leave per annum in lieu.
2. The Employer now wishes to abolish these festival/race days and compensate staff by means of a once-off 1.5 times the leave lost.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court finds that Management in the relevant area abolished the additional leave associated with festival and race days for all new employees and converted it into annual leave for staff in employment in the affected grades in 2006 and 2010 respectively. Management is now seeking to reverse that decision and to treat that annual leave as festival or race day leave.
The Court finds no merit in that proposition. While the relevant leave for the affected staff may have its origin in festival or race day leave it was converted into annual leave in 2006 and 2010 respectively and that decision cannot be undone at this time.
The Court so recommends.
Signed on behalf of the Labour Court
CO'R______________________
23rd September, 2014Brendan Hayes
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.