S.I. No. 88/2004 - Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee), 2004

1. The Sick Pay Scheme will be a non-contributory scheme.

2. No payment will be made for the first 3 days of any absence.

3. The employer is to be contacted within 1½ hours of the employee’s normal starting time on the first day of absence.

4. A doctor’s certificate, signed by a medical practitioner, is required on the third day of absence specifying the nature of the illness, and weekly thereafter.

5. At the choice of the employer, the sick pay scheme will apply on a calendar year basis, either from 1st January to 31st December or from 1st April to 31st March, with no transfer of benefit from one year to the next. Individual employees will be eligible for benefit under the scheme after 2 years’ continuous service.

6. The Scheme will apply to full-time staff and part-time staff on a pro rata basis, with the exception of ancillary workers in either category.

7. Under the Scheme all full-time workers, and part-time workers on a pro rata basis, who qualify will be entitled to 3 weeks’ basic pay.

8. Any employee found to be abusing the Sick Pay Scheme will be subject to the full disciplinary procedures up to and including dismissal.

9. The employer will reserve the right to refer an employee for an assessment by the Company doctor. The cost of the referral will be met by the employer.

10. The Sick Pay Scheme will not cover absences relating to the following

— Traffic accident(s)

— Substance abuse

— Dangerous sports (i.e. Martial Arts, mountaineering, skiing, parachuting, flying as a hobby, hang-gliding)

— injuries sustained while working for another employer.

11. Entitlements under the Sick Pay Scheme would be applied on the following basis

For part-time staff

After 2 years’ service: 3 weeks’ basic pay on a pro rata basis, less social welfare.

(Pay will be based on average of preceding 13 weeks worked for part-time staff.)

For full-time staff

After 2 years’ service: 3 weeks’ basic pay, less social welfare, for full-time staff.

Payments will only be made when absence is medically certified.

It will be the responsibility of the employee to claim social welfare entitlements while on sick leave.

Section VIII —

Bullying/Harrassment/Grievance/Disciplinary Procedures

Each employer will include, in the conditions of employment, details of the procedure to apply in the event of issues arising in relation to bullying/harrassment, grievance and discipline. In this regard the codes of practice contained in

S.I. No. 17 of 2002

(Bullying in the Workplace),

S.I. No. 78 of 2002

, Employment Equality Act, 1998 (Code of Practice) (Harrassment) Order, 2002 and

S.I. No. 146 of 2000

(Grievance and Disciplinary Procedures) are to be noted.

Dismissal

In the event of a dismissal, the procedures will include the warning stages to apply prior to dismissal and will make reference to verbal and written warnings and to the fact that, depending on the nature of the misconduct/performance, the preliminary stages of the procedures may be bypassed.

(

a

) In the event of a summary dismissal, no decision will be taken until this matter has been fully investigated by management.

(

b

) The procedures will also state that an employee may be represented, at any stage of the disciplinary procedure, by a colleague or Trade Union official of his/her choice.

An employee may wish to challenge a dismissal to a Rights Commissioner, the Labour Relations Commission, the Labour Court, the Equality Authority or the Employment Appeals Tribunal or may pursue the matter under common law.

Section IX —

General

Nothing in this Employment Regulation Order shall be taken to exclude, limit or be in any way inconsistent with the rights of any employee under any statutory enactment.

GIVEN under the Official Seal of the Labour Court this 8th day of March, 2004.

(Signed) KEVIN DUFFY,

Chairman.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Instrument fixes minimum rates of pay and regulates statutory conditions of employment as from 16th March, 2004 for workers employed in the Retail Grocery and Allied Trades. It is made by the Labour Court on the Recommendation of the Retail Grocery and Allied Trades Joint Labour Committee.

NOTE: Enquiries should be directed to

The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4

(Telephone 01-6136666 Extension Nos. 6639, 6640, 6641 and 6642. “Lo-Call” number (if calling from outside (01) area) 1890 220 228).

WHEREAS the Labour Court (hereinafter called “the Court”), pursuant to the provisions of

Section 48

of the

Industrial Relations Act, 1990

(hereinafter called “the Act”), made an Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee), 2002, dated 2nd December, 2002 (

S.I. No. 548 of 2002

) (hereinafter called “the said Order”), fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Retail Grocery and Allied Trades Joint Labour Committee (hereinafter called “the Committee”) operates;

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Order;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS the provisions of Section 48 of the Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 48(4) of the Act and

Section 43

(4) of the

Industrial Relations Act, 1946

, hereby Orders as follows

(1) This Order may be cited as the Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee), 2004.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The provisions set out in the Schedule hereto shall have effect as from 16th March, 2004 and as from that date the said Order shall be revoked.

SCHEDULE

Part I

WORKERS TO WHOM THIS SCHEDULE APPLIES