FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CHESHIRE IRELAND, RICHMOND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Paid maternity leave
BACKGROUND:
2. Cheshire Ireland, Richmond (the Company) supplies a range of services to adults with physical disabilities. It is funded by the HSE. The Union's claim for paid maternity leave is on behalf of four workers - two full-time and two part-time. The Union's case is that in the past the Company has paid the top-up benefit and should do so now with the four workers concerned. The Company does not have a problem with the claim as such but states that it cannot get funding from the HSE.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 3rd March, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st May, 2008.
UNION'S ARGUMENTS:
3. 1. The claim has been ongoing for a number of years. The Company has admitted that workers have been paid the top-up benefit in the past although one these workers who went on maternity leave in October, 2007, has not received the benefit this time.
COMPANY'S ARGUMENTS:
4. 1. Payment of top-up benefits to workers prior to 2005 was, in effect, a mistake and contrary to Company policy. The Company wrote to the Union in August, 2005, to explain the situation that (a) it was not statutorily obliged to make such payments and (b) it did not receive funding for the added expenditure. If funding were received from the HSE the Company would pay it to the workers.
RECOMMENDATION:
The matter before the Court concerns the Union’s claim for paid maternity leave on behalf of its members employed at Cheshire Ireland, Richmond. The Union submitted to the Court that in the past four employees had received a top-up of Social Welfare benefits while they were on maternity leave, however, no maternity benefit has been paid since October, 2007.
Management indicated its willingness to pay a top-up of the Maternity Social Welfare Benefits however, as it was not provided with sufficient funding from the HSE it was not in a position to do so.
The Court is of the view that the Union’s claim for equity for all staff employed at the Richmond Centre should be conceded and, accordingly, recommends that Cheshire Ireland, Richmond should implement a top-up maternity leave scheme for all eligible employees.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th May, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.