Labour Court Database
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File Number: CD90544
Case Number: LCR13067
Section / Act: S20(1)
Parties: DUNNES STORES - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
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Subject:
Dispute concerning the withdrawal of sick pay from a part-time worker.
Recommendation:
7. Having regard to the worker's original conditions of service
and her co-operation in reducing her working week at the behest of
Management, the Court, in light of the agreement made at that time
recommends that she continue to be entitled to sick pay on the
same basis as heretofore.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD90544 RECOMMENDATION NO. LCR13067
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning the withdrawal of sick pay from a part-time
worker.
BACKGROUND:
2. The worker concerned commenced working in the cleaning/canteen
section of Dunnes Stores, Castlebar in October, 1986. She worked
35.50 hours over five days with Thursday as day off. Her wages and
conditions of employment including a sick pay scheme, were the
same as the canteen lady. The sick pay scheme provided for
payment during illness at full rate for up to 12 days in any one
year.
3. In 1985 the workers' hours were reduced to 32.50 hours but she
continued to enjoy her full entitlement to holidays (21 days a
year) and sick leave. Early in 1986 the Company sought a
reduction to 20 hours a week. However, following a meeting with
the Union it was agreed to reduce her hours to 27 3/4 hours per
week subject to her retaining her full annual and sick leave
entitlements. The Company declined to confirm this arrangement in
writing.
4. In October, 1987 the worker was absent due to illness and was
not paid. When the matter was brought to Management's attention
she was paid and following on from that she was paid when out
sick. In May, 1990 a new staff manageress informed the worker
that, as she was a part-time worker she would not be paid when out
sick in future. The Union raised the issue with local management
who stated that their instructions from head office were that the
worker here concerned was not to be paid when out sick as she was
a part-timer and that the Company did not pay part-time staff when
out sick.
5. The Union referred the issue to the Labour Court for
investigation and recommendation under Section 20(1) of the
Industrial Relations Act, 1969. The worker agreed to be bound by
the Court's recommendation. The Labour Court investigated the
dispute in Castlebar on 17th October, 1990. The Company did not
attend or was represented at the Court hearing.
UNION'S ARGUMENTS:
6. 1. The worker has been unfairly treated by the Company. She
was never a full-time worker but had always been paid when out
sick. She had co-operated with Management on two separate
occasions when they sought a reduction in her weekly working
hours.
2. The Company is in breach of an agreement it made in 1986
whereby the worker would continue to receive her full holiday
and sick leave entitlements in return for a reduction in her
working week from 32.50 hours to 27 3/4 hours.
RECOMMENDATION:
7. Having regard to the worker's original conditions of service
and her co-operation in reducing her working week at the behest of
Management, the Court, in light of the agreement made at that time
recommends that she continue to be entitled to sick pay on the
same basis as heretofore.
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Signed on behalf of the Labour Court,
John O'Connell
__30th__October,__1990. ___________________
M. D. / M. F. Deputy Chairman