INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Appeal against Rights Commissioner's Recommendation IR 4050/01/TB.
2. The worker commenced employment in April, 1964, and resigned on the 4th of February, 2001, under the terms of an early retirement scheme.
The Union claims that the worker is entitled to be paid in full for all outstanding unused leave and work done. It states that the worker accumulated a substantial amount of TOIL, DOIL and Cats leave before his retirement and should be paid for this leave.
Management rejected the claim and states that the worker received all his benefits due to him under legislation regarding annual leave. It made an offer, which was capped at ten weeks' pay, to cover the additional hours worked in relation to TOIL, DOIL and Cats leave but this was rejected.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 3rd of September, 2001. The following is the Rights Commissioner's Recommendation.
"As neither the claimant or a representative were present to argue his case, I recommend that he should accept the offer made to him by R.T.E."
The Union appealed the Recommendation to the Labour Court on the 2nd of November, 2001, in accordance with Section 13(9) of the Industrial Relations Acts, 1969. A Labour Court hearing took place on the 12th of December, 2001.
3. 1. It is accepted that in the Presentation Department, where the worker was employed, that it was very difficult for staff to avail of annual leave, etc..
2. The worker was informed that he could take all his outstanding leave prior to his retirement. However, when this offer was made on the 12th of February, 2001, the worker had already retired from the Company.
3. The Presentation Department by its very nature is an exceptional area where the absence of cover to accommodate leave has been a major problem since that Department was first set up.
4. When all the facts are considered, the Union can see no reason why the worker was not paid in full for work done and for leave due.
4. 1. The offer made to the worker was fair and generous, and included a substantial lump sum as well as ongoing index linked pension payments.
2. All requirements under legislation regarding annual leave have been adhered to by the Company.
3. The worker was offered £6,910 (8,773.89 euro), which equates to ten weeks' pay to settle this claim, but it was rejected.
4. The worker had ample opportunity to take his "days off in lieu" or "time off in lieu" but failed to do so.
The Court has considered the written and oral presentation made by both sides. The Court is satisfied that no agreement exists on a maximum amount of compensation to be paid in the event of outstanding TOIL, DOIL and CATS leave on the voluntary retirement of a worker. The appellant had not agreed nor was aware of any limitation being applied to the amount owed to him. Therefore, the Court recommends that the outstanding amount, agreed between the parties as £10,001.17 (euro 12,698.87), should be paid in full and final settlement of the claim.
Signed on behalf of the Labour Court
18th December, 2001______________________
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.