Labour Court Database __________________________________________________________________________________ File Number: CD90730 Case Number: LCR13285 Section / Act: S20(1) Parties: SOUTH EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the correct sick-pay scheme applicable to a worker's conditions of employment.
Recommendation:
5. The Court having considered the submissions of the parties
finds as follows:
1. That the complainant was appointed in a temporary
part-time capacity.
In this context the appointment was made with a tenure
of employment subject to satisfactory service, to age 65
years. The Court has noted this tenure of employment is
confirmed by the Board.
2. That the post is non-pensionable.
3. That the post qualifies for the provisions of the
temporary officers sick pay scheme.
The Court recommends the above interpretation of the contract of
employment be accepted.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD90730 RECOMMENDATION NO. LCR13285
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: SOUTH EASTERN HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the correct sick-pay scheme applicable to
a worker's conditions of employment.
BACKGROUND:
2. In April, 1977 the worker concerned took up a position in the
New Houghton Hospital, New Ross, as a staff nurse. The hospital,
which is now referred to as the "Old" Houghton Hospital, was run
by the St. John of God Order. In 1984, the hospital was taken
over by the Board. There were some redundancies and the staff who
remained were offered contracts with the Board. The worker signed
a contract of employment for 40 hours per fortnight on a week
on/week off basis. The contract refers to sick pay under Section 4
as follows:-
"Sick Pay: Certified sick leave with full pay, less Social
Welfare benefits, will be allowed in accordance with the
attached sick pay scheme. Your service in the Old Houghton
Hospital, New Ross will satisfy the conditions in the sick
pay scheme relating to continuous service with Health Board."
The actual "attached sick pay scheme" referred to in section 4 is
not available. The Board operates different sick pay schemes for
permanent officers and for temporary officers. In 1988 and 1990
the worker concerned was absent from work due to illness. The
Union claims that the worker has a permanent position with the
Board and that the sick pay scheme for permanent officers applies.
The Board claims that as the worker is employed on a continuous
part-time basis the sick pay scheme for temporary officers
applies. The Union referred the dispute to the Labour Court under
Section 20(1) of the Industrial Relations Act, 1969 and confirmed
that the worker would be bound by the recommendation of the Court.
A Labour Court hearing took place in Wexford on 9th April, 1991.
UNION'S ARGUMENTS:
3. 1. The worker concerned had a permanent position at the Old
Houghton Hospital from 1977 to 1984. When the Board took
over the hospital in 1984 it suited the worker to work on a
part-time basis. She retained her status as a permanent
employee, although non-pensionable, and could claim
unemployment benefit when not working.
2. When the worker was absent from work between March and
August, 1988 she was offered the sick pay terms applicable to
a permanent officer. It was only in 1990 that the Board
decided to revise the worker's status and applied the sick
pay scheme for a temporary officer.
3. The worker is unable to find the original contract which
she signed in 1984, or a copy of the sick pay scheme referred
to in Section 4 of her contract. However the worker
understood that the contract was for permanent employment
with the appropriate conditions, including the sick pay
scheme applicable to permanent employment.
BOARD'S ARGUMENTS:
4. 1. When the Board took over the hospital in 1984 it gave a
commitment that the staff concerned would have their
employment protected. The contracts of employment drawn up
by the Board reflected the unique circumstances involved.
The worker has a contract of employment which confirms her
position as an employee on a continuous part-time basis. She
occupies a part-time position which is non-pensionable. The
sick pay scheme for temporary officers is applicable to the
worker's contract of employment and the details of the scheme
were issued to her at the time.
2. The pay-roll records of the worker from 1988 to 1991
show that the sick pay scheme applied to the worker was that
of the temporary officer grade which provides for a payment
of a maximum of 12 weeks sick leave less social welfare
benefits.
3. The Board can confirm that the contract issued to the
worker conveys tenure of employment until reaching 65 years
of age. However, the sick pay scheme applicable to her is
that of temporary officer and servant grade.
RECOMMENDATION:
5. The Court having considered the submissions of the parties
finds as follows:
1. That the complainant was appointed in a temporary
part-time capacity.
In this context the appointment was made with a tenure
of employment subject to satisfactory service, to age 65
years. The Court has noted this tenure of employment is
confirmed by the Board.
2. That the post is non-pensionable.
3. That the post qualifies for the provisions of the
temporary officers sick pay scheme.
The Court recommends the above interpretation of the contract of
employment be accepted.
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Signed on behalf of the Labour Court
20th May, 1991 Tom McGrath
A.S. / M.O'C. _______________
Deputy Chairman