INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
HSE NORTH EAST
- AND -
TECHNICAL, ENGINEERING AND ELECTRICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. Concession Days.
2. The case before the Court concerns a dispute between the Health Service Executive (HSE) North East and TEEU in relation to concessionary days applicable to maintenance craftsmen employed at various locations throughout the service. The Union is claiming that there is a disparity of concessionary leave which varies from the provision of two days to none and is seeking that two days concessionary leave be
granted to all employees and that further consideration be given to the fact that administration staff are given three days concessionary leave which is a further anomaly.
Management's position is that maintenance staff have no entitlement to concessionary leave as it was intended for clerical/administration staff and certain paramedic grades. It had been extended to maintenance staff on an ad-hoc basis at local level.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 12th June, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 31st August, 2006.
3 1. Maintenance staff in different area of the HSE North East are being treated unfairly in relation to the concessionary days available to them. There is further unequal treatment, as clerical/administration staff receive three days concessionary leave as opposed to a maximum of two days in other areas.
2. The claim to have an equal amount of concessionary days throughout the health service is the only acceptable solution to the current anomalies that exist within the service.
4. 1. The concessionary days holidays are not a statutory entitlement. They are given on an ad-hoc basis at local level. As there was never an entitlement to the additional leave, there is no scope to increase the allocation.
2. Concession of the claim would set a precedent and have repercussive effects in terms of further claims among grades of staff throughout the health services in similar circumstances.
The Court notes that there are different arrangements on concession days throughout the HSE, which vary from the provision of two days to none. In these circumstances the Court does not consider it appropriate to address whatever anomaly exists within the area to which this claim relates in isolation.
Accordingly the Court recommends that the current arrangements remain in place unless and until agreement is reached on a unified arrangement within the HSE.
Signed on behalf of the Labour Court
25th September 2006______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.