FULL RECOMMENDATION
| CD/19/393 | RECOMMENDATIONNO.LCR22233 |
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES :A COMPANY,
(REPRESENTED BY PURDY AND CO SOLICITORS)
- AND -
A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
DIVISION :
| Chairman: | Mr Foley | | Employer Member: | Ms Doyle | | Worker Member: | Mr Hall |
SUBJECT:
1.Payment Of One Days Compassionate Leave On Death Of Uncle
BACKGROUND:
2.The death of the Worker’s uncle occurred on Sunday June 2nd2019, requiem Mass was to be held on the following Thursday with the burial on the same day. The Worker arrived at 8am as rostered on 2ndJune 2019. Later he received the news that his uncle had died. UNION'S ARGUMENTS:- Compassionate leave is advertised by Boxmore Plastics as a benefit that any employee may receive on the unfortunate occasion of a death to a family member.
The Worker and SIPTU believe that the compassionate leave benefit should assist the employee at this difficult time and not add to the upset. The Worker believes he is entitled to receive one days compassionate leave benefit because he had to leave work early due to the death of his uncle.
COMPANY’S ARGUMENTS: - The Company consider that the granting of paid Compassionate Leave under clause 30 of the Company Works Agreement is discretionary and each application for such leave is considered on its own merits.
In situations where an uncle does not live with the employee, compassionate leave would only be considered and granted for the day of the funeral in so far as absence within the working week is required, unless the employee can show that during their normal working hours the employee was engaged in the funeral arrangements.working week is required, unless the employee can show that during their normal working hours the employee was engaged in the funeral arrangements.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.The Court does not apprehend that it has any dispute before it as to the meaning or operation of Clause 30 of the Company / Union agreement. The Court notes that the Company has submitted that: - “In situations where an uncle does not live with the employee, compassionate leave would only be considered and granted for the day of the funeral in so far as absence within the working week is required, unless the employee can show that during their normal working hours the employee was engaged in the funeral arrangements.”
The Claimant contends that he was engaged in the making of funeral arrangements for his uncle who did not live with him on Sunday 2ndJune 2019 which was a normal working day for him. He claims that the Company should have exercised its discretion in his favour on that account and awarded him a day’s compassionate leave on the 2ndJune 2019. The Company does not appear to the Court to accept that the funeral arrangements of the deceased would necessarily have been made by the Claimant.The Court would not normally enter upon the discretion afforded to a company by the terms of a collective agreement. However, in this case, the Company has set out in its submission the criteria which it considers relevant to consideration and granting of compassionate leave in circumstances such as those before the Court. The Court is not in a position to determine who made the funeral arrangements or indeed when those arrangements were made in June 2019. Against that background and in all of the circumstances of the matter, the Court recommends that this dispute should be resolved by the company making an ex-gratia payment to the Claimant equivalent to 50% of 11 hours pay. The Court so recommends.
 | Signed on behalf of the Labour Court | | | | Kevin Foley | | NJ | ______________________ | | 22 JUNE 2020 | Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Noel Jordan, Court Secretary. | 
