FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MYLAN TEORANTA (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Service Leave Days
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 13 April 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 22 June 2016.
UNION'S ARGUMENTS:
3. 1.It is unfair to link sick pay, service leave schemes and perfect attendance schemes.
2.It is not acceptable to link annual leave to the sick pay scheme. The link between sick pay, perfect attendance and service leave should be broken.
3.Incentives to persuade individuals to change to the new sick pay scheme should be on the basis of matters related to sickness or absence.
COMPANY'S ARGUMENTS:
4. 1.Following consultations with staff a ballot was held on the introduction of a new sick pay scheme with additional benefits. The ballot overwhelmingly accepted the company proposals with 82% in favour.
2.SIPTU members separately rejected the proposals but are claiming entitlement to the additional benefits. SIPTU cannot have the best of both worlds and the claim defies logic.
3.The scheme is voluntary and workers can either opt in or out of the scheme as they see fit.
RECOMMENDATION:
The Court has given careful consideration to the submissions of both parties to this dispute.
The Court recommends that the Company, with immediate effect, extend the service leave scheme to all staff.
The Court further recommends that the parties engage in a review of the legacy sick pay scheme with a view to bringing into closer alignment with the new sick pay scheme that applies to the majority of the employees. As part of those talks the Court further recommends that the terms of the attendance scheme be extended to this group.
Those talks should be concluded within a period of 10 weeks from the date of this recommendation at which time any outstanding issues should be referred back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
27 June 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.