LCR22787

1. Allocation Of Annual Leave To District Fire Officers And Associated Labour Court Recommendation (LCR22343)

BACKGROUND:

2. This dispute 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 dispute was referred to the Labour Court on 7 December 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 03 July, 2023

RECOMMENDATION:

This recommendation follows on from Labour Court Recommendation LCR22726

In that Recommendation the Court noted that in advance of the Court hearing the Employer made an offer of compensation which was rejected by the Workers. The Court went on to recommend that the parties re-engage on the issue of compensation with a view to concluding the matter, and if agreement could not be reached within 6 weeks of the date of the recommendation, the Court should be informed, and it would issue a recommendation in respect of what compensation if any should be paid.

By letter of 13^th June 2023, the Unions informed the Court there were two issues that they could not get agreement on, 1) whether the payment was to be paid ex gratia and 2) the Cohort of District Officers covered by the Employers Offer.

The Court invited the parties into a hearing on 3^rd July 2023. At the outset the Court outlined that they had no role in determining the Revenue implications for any payment made on foot of the Court ‘s recommendation, that was a matter for the Revenue Commissioners. The Employer informed the Court that they had raised the issue with the Revenue Commissioners and were awaiting a response.

The Union submitted that the latest offer of €4,000 made by the Employer, if it was to be taxable, was in effect lower than previous offers they had made where they had indicated that the payment would be ex-gratia. In respect of who fell within scope of the claim the Union submitted it should be all staff who were in employment from 2017 onwards. They stated that was when they had made a formal claim for what they believed to be outstanding annual leave.

The Employers position was they were prepared to accept the position the Court had previously put forward that all staff in employment on the 19^th January 2021, the date LCR22343 issued should fall within the scope of any payment that fell to be made.

The Court having considered the oral submissions made on the day and previous written submissions it had received, recommends that compensation of €5,000 gross be paid to all District Officers who were employed as District Officers at the 19^th January 2021.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AR	______________________
14 July 2023	Deputy Chairman