INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
HSE OLDER PEOPLE SERVICES
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr Shanahan
1. Noon Tea-Break
2. This case concerns a dispute between Management and the Union in relation to the removal of a noon tea break currently in place in the Sacred Heart Hospital, Castlebar. Management contends that the staff are in receipt of excessive breaks and are seeking to discontinue the noon tea break. It contends that in addition to the noon tea break, staff receive breaks well in excess of statutory entitlements. The Union contends that the break forms part of the workers conditions of employment as it has been in place for many years.The Union is seeking that the break remain in place for the workers concerned.
The matter 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 2nd March 2015. A Labour Court hearing took place on 24th September 2015.
3 1 The break in question has been in place for many years. As a result of custom and practice within the employment the break now forms part of the workers implied terms and conditions of employment and should remain in place.
4 1 The break is unofficial and should not continue. The staff are already in receipt of breaks well in excess of statutory entitlements. Management contends that the break should be discontinued with immediate effect.
Having given careful consideration to the submissions of both parties to this dispute the Court recommends that the staff should give up the additional morning break and in return the HSE should allow those workers affected a once off two additional days leave in the current leave year and one additional day’s leave in the next leave year.
The Court so decides.
Signed on behalf of the Labour Court
4th December 2015______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.