The Labour Court has ruled that HSE West should continue to abide by a local collective agreement on compassionate leave while national negotiations continue on a HSE circular, which has not been agreed with unions. The HSE circular was issued in 2012 to take account of new civil partnership rights, but it also had the effect of supplanting an otherwise superior local agreement in the west.
In a case taken by IMPACT official Padraig Mulligan, the Court said that, in the circumstances, the circular could not offset the collective agreement. “As a matter of good industrial relations practice, parties are obliged to honour the terms of collective agreements unless and until they are voluntarily renegotiated or terminated,” it said.
Local HSE management had refused to consult with IMPACT on the proposed changes, saying that the national circular superseded all previous circulars and local arrangements.
Read the full recommendation HERE.