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INMO Satisfied with Favourable Labour Court Recommendation 24.05.11

INMO Satisfied with Favourable Labour Court Recommendation

24th May 2011

As members are aware, the INMO and other Unions have long argued with the **HSE re “the Rule book”, they introduced without negotiation in 2006, and have taken claims in respect of it to the Labour Court.  Phil Ni Sheaghdha, INMO, presented the claims on the Union’s behalf and the INMO received the Labour Court Recommendation on 23rd May 2011 and are pleased that the Labour Court Recommendation allows for:-

Annual leave can be accrued during paid sick leave in accordance with Department of Finance Circular (effective from April 2010).  For periods of unpaid sick leave, the employee on sick leave can pursue a claim. (The INMO have successfully argued this case previously and relied on the judgement from the European Court of Justice, Stringer & Schultz Hoff).

Annual leave can be accrued for hours worked in excess of contracted hours for non-full time employees. 

Fixed Term Workers should be entitled to 10 weeks full pay and 10 weeks have pay per year of service up to a maximum of 26 weeks full pay and 26 weeks half pay in a four year period.  If contract is for less than 1 year, a proportion of 10 weeks full pay, and 10 weeks half pay should apply.

Public Holidays during Sick Leave should be treated as sick leave (and a day off in lieu therefore must be granted at another time). 

The INMO will now engage with the employer side to secure agreement on implementation of this Recommendation.

Please see the INMO website for full Recommendation and relevant referenced documentation.  If you have any queries, please contact your INMO Union Official.

(**HSE have confirmed acceptance that this claim is on behalf of the HSE, DATHs, Voluntary Hospitals and Intellectual Disability Agency employees.)

Phil Ni Sheaghdha, 
Director of Industrial Relations.

Explanatory Note on Accrual of Annual Leave during Sick Leave (based on DOF Circular)
Labour Court Recommendation - 4 Claims
Letter from DOF to Impact
Labour Court Recommendation (LCR19769)

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Irish Nurses & Midwives Organisation (Cumann Altrai agus Ban Cabhrach na hEireann). The Whitworth Building, North Brunswick Street, Dublin 7. T:+353 1 664 0600 E:inmo@inmo.ie