INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Productivity Day
2. The dispute relates to one additional day's annual leave that was awarded to the Instructor Grade in accordance with a Productivity Agreement in 1982. All Instructors who received a lump sum payment in return for increased productivity also received the extra day's annual leave. In 1985 it was agreed that all Instructors, even those not employed by FAS (then ANCO) in 1982 would receive the extra day's leave. Instructors are recruited at Grade 10 and can progress up to Grade 8. In 1997, the FAS Mediator Panel awarded retrospection of the Grade 8 annual leave entitlement to all Instructors as follows:-"In addition, on progression to the Grade 8 scale all Instructors will be entitled to the annual leave applying to Grade 8, i.e. 26 days per annum."
The Union is basing its case on Section 5 of the 1982 Productivity Agreement which reads as follows:
"As per appendix 1, under Section 5 ( Annual Leave) of the 1982 Productivity Agreement it states, "All Instructor Staff who receive a lump-sum payment will be granted one extra day's leave per annum". "This additional leave will be treated as being specifically related to the productivity agreement, and will not be affected by future changes in annual leave allocation".
The Union believes that the extra day's leave no longer applies to the Instructors and it wrote in to the Company in 2001 in relation to the matter. The Company's case is that the Instructors are receiving the correct annual leave and that the Union has not taken account of the restructuring in 1997. The Company cited 6 agreements from 1982 onwards in support of its case.
The issue was referred to the Labour relations Commissions and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 27th of February, 2006, in accordance with Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place on the 23rd of June, 2006.
3. 1. Other Career Grade Staff who are on the same pay scale as Instructors have an identical annual leave entitlement. The other grade outside the Instructors did not have the right to obtain the additional productivity day.
2. The Agreement on 1982 was specific in stating that the additional days leave was"not to be affected by future changes in annual leave entitlements".
4. 1. The leave entitlement of the Instructors is and has been afforded correctly as they progress though their career grade for recruitment at Grade 10 on to Grade 8.
2. The leave entitlement for the Instructors for any year is dependant on what point of the career scale he/she is on in that year.
The Court has carefully considered the submissions of the parties to this dispute. The Court understands how the confusion arouse concerning the day of annual leave at issue. Nonetheless, the decision of the FAS Mediation Panel dated 14th November, 1997 makes it clear that on progress to the Grade 8 scale all instructors will be entitled to 26 days' annual leave.
In the Court's view this provision is clear and incapable of meaning that the entitlement will be 27 days. In so far as there may be come inconsistency between the 1997 agreement and the 1982 agreement, the former, as the later in time, should prevail.
The Court believes that in all circumstances of this case the explanation of the holiday entitlements of Instructors given by the organisation is cogent and should be accepted,
Signed on behalf of the Labour Court
6th July, 2006.______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.