INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Christmas Leave Arrangements.
2. This case concerns a dispute between the Permanent TSB Bank (PTSB) and AMICUS in relation to Christmas Leave arrangements for former Irish Permanent staff employed at the Bank. The banking operations of the Irish Permanent (IP) and the TSB Bank merged in 2001 to form the Permanent TSB Bank. Prior to the merger there was no requirement on IP staff to work a half day on Christmas Eve as is now required in the
As part of the harmonisation of terms and conditions for former IP staff, an agreement was reached whereby former IP staff required to work for a half day on Christmas Eve would be given the option of taking a day off at a later date or being paid an extra day's pay (Red-circled). As Christmas Eve in 2005 fell on a Saturday, all staff were given a day off in lieu of Christmas Eve.
The Union's position is that in 2005, by giving all staff a day off in lieu of Christmas Eve, the Company diluted the value of the red-circled arrangements applicable to former IP staff.
Managements position is that all staff were given the correct entitlements with regard to the disputed Christmas leave arrangements.
The dispute was not 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 8th November 2006 in accordance with Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place on 25th January, 2007.
3 1 The former IP staff were in receipt of a red-circled arrangement that provided them with additional leave at Christmas. This arrangement was specific to these workers as part of the Harmonisation Agreement that was concluded in relation to the merger of the Irish Permanent and the TSB Bank. It is unacceptable that management diluted the value of these arrangements with regard to the 2005 Christmas leave arrangements.
4 1 As Christmas Eve fell on a Saturday in 2005, all staff were treated equally and were given a day off in lieu to be taken in the next leave year. This is in compliance with normal practice in the Banking Industry.
The Court notes that the Company has consistently and properly applied the Christmas leave arrangements to former IP staff, as set out in the 2001 and 2004 agreements. A differential leave arrangement of one half of a day (red circled) is part of the agreement for former IP staff.
In 2005 Christmas Eve fell on a Saturday. In those circumstances the Company granted identical Christmas leave arrangements to all staff. As a consequence of this decision the leave agreement differential (red circled) in favour of former IP staff was negated.
The Court accepts that the 2001 and 2004 Agreements did have very specific conditions which the Court feels should be retained in their entirety, and accordingly recommends that the disputed half-day in question should be recognised as being due to the former IP staff.
The Court so recommends.
Signed on behalf of the Labour Court
15th February 2007______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.