Complainant

Respondent

Anonymised Parties

A School Caretaker

A School

Representatives

Con Casey,  SIPTU Official

Mr John Irwin, ACCS General Secretary

Act

Dispute Reference No.

Date of Receipt

Section 13 of the Industrial Relations Act, 1969

CA-00044676-001

17 June 2021

On 17 June 2021, the Union on behalf of a School Caretaker sought an investigation of a Trade dispute at the WRC.

The WRC placed the Employer on notice of the claim on 25 August 2021. as there was no objection to an investigation, the case was brought to hearing for the first time on June 3, 2022, where the Union was the sole participant and outlined the workers position and requested resolution to the dispute.

As I had observed the Employer interest in the case on file, I proposed to the Union that I would write to the school to seek an expression of interest in attendance at a resumed hearing.

I explained that having two parties present at hearing to apply their minds to a resolution was always infinitely better than a partisan attendance. the Union agreed to that proposed approach.

On that day, I wrote to the school, seeking buy in for a resumed hearing “during the month of June or early July “I sought a response on or before June 10, 2022.

The next day, the school confirmed that they had overlooked the notification of hearing and re-affirmed their interest in the case. The school accepted the invitation extended for a resumed hearing, contingent on being permitted to address their position by means of written preparatory submission and within a finite time frame.

The PRU helpfully facilitated a resumed date and submissions were exchanged.

The hearing resumed on July 5, 2022, with full and participative attendance by both parties.

The hearing was held in private.

The Worker in this case is a Caretaker employed by the school from 2003. He is the main Caretaker and receives assistance or locum on occasion.

His claim before the WRC relates to his reported difficulty in the facilitation and timing of annual leave.

The Union expanded on this claim by way of   a written submission which set out the importance of this issue to the worker in the case, his stated need to resolve this situation against a 19-year history of employment at the school.

The Union relied on the provisions on annual leave contained a dedicated Facilitation report referred to as “The O’ Connell Report “agreed with both parties in 2017.

The worker contended that the Employer had strayed from the parameters of this Agreement on annual leave over a 5-year period and he sought to tie down a mutually agreeable way forward in the case.

The matter had caused him some concern

The school, through their representative outlined that the school contended that the Worker had been afforded his full annual leave entitlement every year in various blocks of computation and permutations.

This occurred within the spirit of the Organisation of Working Time Act, 1997, with full regard for reconciliation of work/family responsibilities and the operation of the school. This was the balance sought.

The Representative outlined that the school was very keen to reach a mutually agreed way forward but was obliged to set out the difficulties the school had experienced around the systems approach adopted by the worker in his application for leave.

The school denied restricting the workers access to annual leave and wanted to be heard on the needs of the school. They confirmed that additional support continued available in the Caretaker role, but the issue of agreeing annual leave within a reasonable framework of rules built on the needs of both school and the worker had become an annual challenge.

I would like to acknowledge the approach adopted by both parties in this case. It was important that both Parties could outline their concerns in private and that both sides actively listened to and considered the other position.

I observed that both parties exhibited a loyalty to the school, and I was encouraged that that loyalty prompted some open communication.

“The O’Connell “Report has served the parties well since its completion. My involvement is to solely address a timely review of the annual leave provision on page 3 of 5 in that document.

Both parties have now conjointly agreed that review and on July 5, 2022, I proposed a wording to copper fasten that review in ease of all parties.

I gave the Parties a defined time to revert.

On July 18, 2022,the School responded and sought three amendments . On August 11, 2022,the Union sought adoption of the proposals unchanged .

I gave this some consideration and allowed the Employer two minor and clarifying amendments to the proposals .

I have found some merit in the Dispute . I am prepared to recommend  proposals for the way forward to both parties as an addendum to the  “O ‘Connell Report “ 2017 .

I would request that both parties build on the open communication model clearly visible at hearing and I hope these proposals are of assistance in resolving this dispute .

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

On 17 June , 2021 ,  The Union , on behalf of the Worker , a School  Caretaker referred a dispute on allocation of annual leave to the WRC.

On September, 2021, the School Principal signalled an interest in the case ,  on behalf of the School .

The parties met at joint hearing on July 5, 2022 .

The following set of proposals is  placed before the parties for their consideration as  a proposed  resolution of this Dispute This follows a period of joint engagement .

I will allow the parties 14 days to consider these proposals without prejudice . At the end of 14 days, if both parties convey acceptance of these proposals . I will commit these proposals to  a written Recommendation under the IR Act, 1969 .

The Proposals :

These proposals are an addendum to the” O’Connell  Report” , 2017 and reflect both the changed family circumstances of the Worker and the Schools changed operational requirements .

The proposals reflect a mutual respect between Worker and Employer .

1.       The Worker will agree to submit his request for summer  annual leave  directly to the Principal , having regard for his family members leave approval  and the work requirements of the school , no later than the second week of February annually .

2      The allocation of annual leave will now provide for access to 7 floating days ,(ex Good Friday ), having regard for School closure time and contingent on an application of a minimum of 5 working  days notice .

 Applications outside that period must be accompanied by exceptional circumstances and full disclosure of those circumstances .

3  The parameters of annual leave during the Summer period will be fixed at the period encompassing :

(1)    The conclusion of State Exams

Up until

(2)    5  working days before the return of the Students to school .

Both parties will operate this Agreement in good faith .

The Agreement will be subject to mid way review, by the Parties  in October 2023 , with a second review in October 2025 .

Annual Leave Arrangements