LCR23088

PARTIES:

DIVISION:

SUBJECT:

Multiplier rates for TOIL in relation to Kilkenny County Council time off in lieu policy

BACKGROUND:

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 20th June 2024 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 21st November 2024.

RECOMMENDATION:

The dispute before the Court arises from the introduction of a new Time Off in Lieu (TOIL) policy by the Council and the application of that policy in two locations: Goal Road and Castlecomer, Kilkenny.

Historically there was no formal policy for taking Time Off in Lieu (TOIL) for outdoor staff in Kilkenny County Council. Different practices arose, with TOIL granted on a time for time basis in most locations, except for the Goal Road and Castlecomer yards, where TOIL is calculated in the same way as premium overtime arrangements.

The Council sought to standardise arrangements and introduced a new policy in 2022. The Union objected to its introduction and in July 2023 it was agreed that the status quo would be reinstated pending referral of the matter to the WRC.

Agreement has now been reached on several aspects of the new policy. The only matter remaining in dispute is the rate at which TOIL is accrued for workers in the Goal Road and Castlecomer yards.

SIPTU seeks that the pre-2022 arrangements remain in place for workers in Goal Road and Castlecomer, where TOIL is calculated on a premium overtime basis. It contends that the proposal agreed at conciliation addresses the operational needs of the two depots and the concerns raised by the Council about the pre-2022 arrangements.

SIPTU further submits that the value of TOIL is well established in Goal Road and Castlecomer. The application of the new policy would significantly reduce the terms and conditions of its members in those locations. The assertion that there is no formal policy and inconsistent arrangements across the country does not justify the significant reduction in terms and conditions of members.

The Council’s position is the pre-2022 arrangements that apply in the two locations are not tenable in the long term. Staff working overtime on a Saturday and Sunday may be absent the following week for four of their normal working days. Significant amounts of TOIL can accumulate on a premium overtime basis leading to resourcing difficulties, as workers may be replaced with additional workers on overtime. Further difficulties arise regarding budgets, financial management and auditing.

The Council seeks a consistent and equitable policy applicable to all staff as it relates to TOIL, which will bring Castlecomer and the Gaol Road Depot in line with the rest of the Local Authority. In the alternative, the Council seeks that the Court recommend removal of the TOIL policy for all staff.

The Court has given careful consideration to the oral and written submission of the parties.

The Court notes that the aim of the new policy is to have a consistent, fair and transparent approach to how TOIL applicable to 258 outdoor staff employed by the Council in multiple locations across the county. The Court further notes that substantial agreement was made by the parties, with the assistance of the WRC, on aspects of the new TOIL policy.

The matter remining in dispute is the rate at which TOIL is accrued at a premium rate for workers in two locations.

While the Council’s stated preference is to utilise overtime payments instead of TOIL arrangements, it acknowledges the value of TOIL arrangements for certain staff. In that regard, about one-third of the 95 staff in the Castlecomer and the Gaol Road Depots avail of TOIL arrangements on a premium overtime basis.  

Having given careful consideration to the submissions of both parties to this dispute the Court recommends that the union accept the new TOIL arrangements, based on time for time, for all workers, including those based in the Castlecomer and Goal Road depots.

The Court further recommends that compensation in line with that applicable in the public sector under the terms of the relevant Public Service Agreement should apply to buy out the difference in value between the old TOIL arrangements and the new TOIL arrangements for those workers who have availed of TOIL in the Goal Road and Castlecomer depots.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
CC	______________________
11th December 2024	Deputy Chairman

NOTE
=
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.