LCR22622

1.Contracted Annual Leave Entitlements For 12 Hse Counsellor Therapists Grades In CH05

BACKGROUND:

2.This matter could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the matter was referred to the Labour Court on 4 May 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 30 June 2022.


UNION’S ARGUMENTS:

3. 1. The Union position is that the contracts signed by their members stated that 29 annual leave days were applicable to the roles, as advertised. There is no basis for reducing the leave allocation to 27 days.

2. The Union maintains that Counsellor Therapists working in other CHO areas have been allocated 29 annual leave days.

EMPLOYER'S ARGUMENTS:

4. 1. The HSE states that the contracts that issued to the workers concerned contained an error in relation to the annual leave allowance, which was corrected and communicated to the Counsellor Therapists prior to their commencement in the role. The contracts provided, incorrectly, for 29 annual leave days when this should have been 27 days.

2.The HSE maintains that a positive outcome for the claimants will lead to further claims on a national basis in circumstances where the correct leave allocation for the grade concerned is 27 days.

RECOMMENDATION:

This case comes before the Court in respect of 15 Counsellor Therapists in the HSE South East. However, it is accepted by both parties that there are Counsellor Therapists in other regions of the HSE who are affected in the same manner.

The Court is not willing to make a Recommendation in respect of the 15 people concerned that would have immediate consequences on a national basis. The appropriate level for any discussions between the parties on this matter is at the national level. If the parties are unable to resolve the matter at that level, it is open to them to avail of the assistance of the Workplace Relations Commission and, if necessary, to return to this Court.

In the meantime, the Court recommends that, on a ‘once off’ basis, pending a resolution of the issue, the 15 people concerned should be granted the additional two days for the 2021 to 2022 leave year.

	Signed on behalf of the Labour Court
	Tom Geraghty
DC	______________________
07 July 2022	Deputy Chairman