LCR15379

FULL RECOMMENDATION CD/96/268 RECOMMENDATIONNO.LCR15379 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH EASTERN HEALTH BOARD - AND - PSYCHIATRIC NURSES' ASSOCIATION DIVISION : Chairman: Employer Member: Worker Member:

SUBJECT:
1. Compensation for daily car washing and inconvenience as a result of construction work at (1) Waterford Regional Hospital (2) Brook House (Day Centre).





BACKGROUND:

2. The first part of the Association's claim relates to the period 1990-1995, when major building construction took place at Waterford Regional Hospital. In particular it relates to St. Declan's Unit, where the designated staff car park was. The Association claims that, as a result of the construction, cars in the area were covered in dust and grit and required washing on a daily basis.

The second part of the claim relates to a similar situation in Brook House (Day Centre) where a major extension took place during the summer of 1995. The Association is seeking payment of £2 per day for each duty day worked by a nurse during the 2 periods of construction.

The Association referred the dispute to the Labour Court on 16th May, 1996 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 5th November, 1996 in Waterford.



ASSOCIATION'S ARGUMENTS:

3. 1. During construction at the Hospital there was great inconvenience to the staff. Because of the amount of dust and grit car owners were required to have their cars washed every day. A number of cars suffered damage to the engines as well as body-work.

2. During the building period, management at the Hospital was requested to provide car washing facilities but this request was ignored. Management did not use the industrial relations facilities available to it to solve the dispute. There was no alternate car parking facilities available to the staff.



BOARD'S ARGUMENTS:

4. 1. There is no justification in the Association's claim. The Board has provided modern up-to-date accommodation and facilities for staff at both sites. All staff, not just the nurses involved in the claim, were inconvenienced during the period of construction.

2. There was plenty of car parking facilities available further away from the construction area. Staff were not restricted to the area at St. Declan's Unit. The amount of dust was not as bad as has been suggested. The Association did not formally raise the issue until after the construction had taken place.





RECOMMENDATION:

Having considered the information presented by the parties, the Court is not satisfied that grounds have been made to substantiate the case for compensation.



Signed on behalf of the Labour Court



Finbarr Flood
2nd December, 1996______________________
C.O'N./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.