INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
HSE WESTERN AREA
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Part-time Home Helps- annual leave.
2. HSE Western Region covers counties Galway, Mayo and Roscommon where there are approximately 1600 part-time home helps employed.
The dispute before the Court concerns the method of calculating the annual leave entitlement for the part-time home helps represented by SIPTU. The Union has sought that their members be granted annual leave on a pro-rata basis to the full-time employees within the grade. The Employer maintains that part-time employees accrue an entitlement to annual leave on a pro-rata basis to their whole-time equivalent. The parties are using different formulae to calculate the entitlement leading to differing results in the outcome.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission on 7th March, 2006. As agreement was not reached, the matter was referred to the Labour Court on the 4th May, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th September, 2006.
3. 1.The annual leave entitlement in respect of full-time employees is 23 days per annum and the Union contend that this equates to 9.2% of hours worked by Home Helps. The following is the method of calculation used in arriving at this conclusion:-
20 days equates to 8% under the Organisation of Working time Act, 1997
8% divided by 20 days equals 0.4%, therefore 0. 4% equals 1 days annual leave
0.4 x 21 days leave equals 8.4%
0.4 x 22 days leave equals 8.8%
0.4 x 23 days leave equals 9.2%.
4. 1.The following is the formula as applied by the HSE-EA in calculating the pro-rata entitlement to annual leave of part-time employees:-
Number of annual leave days of the WTE expressed in hours x 100
Number of standard weekly working hours of the WTE x 52 weeks
Applying the above the case of home helps results in the following:-
(23 x 7.8) = 179.4 divided by (39 x 52) = 2028 = .88 x 100 expressed as percentage = 8.8%.
2. The claim as presented by the Union is cost increasing and contravenes the terms of Sustaining Progress.
The issue before the Court concerns the method of calculating the annual leave entitlement for part-time Home Helps employed by the HSE, Western Area, and both parties proposed different formulae.
Full time employees are entitled to 23 days per annum, which the Union equates to 9.2% while Management calculate the entitlement at 8.8%.
Having examined the written and oral submissions of the parties the Court recommends that this issue should form part of the High Level Group set up to facilitate the implementation of all outstanding matters from a review of the terms and conditions of employment relating to Home Helps. The Court understands that the High Level Group expect to complete their work within a matter of months.
In the event that the High Level Group cannot deal with the issue then the claim may be referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
25th September, 2006______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.