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2013

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AD1331

FULL RECOMMENDATION

CD/12/487
APPEAL DECISIONNO.AD1331
(r-117812-ir-11/SR)
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969



PARTIES :
HSE

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION :

Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr Shanahan
SUBJECT:
1. Appeal of Rights Commissioner Recommendation No: r-117812-ir-11/SR


BACKGROUND:

2. This case is an appeal by the employer of Rights Commissioner Recommendation No: r-117812-ir-11/SR. The issue concerns a Catering Manager employed by the HSE (West) in Roscommon Hospital. The worker claims that she does not enjoy the terms and conditions of employment appropriate to her grade. The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 25th July 2012 and found merit in the worker’s claim. The Rights Commissioner recommended that her terms and conditions of employment be brought into line with those applying generally in the grade. In particular the Rights Commissioner recommended that her weekly working hours be reduced to 34 hours per week (with effect from 1st June 2012) and that her annual leave entitlement be increased to to 32 days per year (with effect from 1st April 2012). On the 3rd September 2012, the employer appealed against the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 27th March 2013.

UNION'S ARGUMENTS:

3 1 It is clear that the employee works longer hours (39 per week) and enjoys less annual leave entitlements (26 days per year) than other employees in in the grade.Catering Managers enjoy the same terms and conditions of employment as Grade VII staff employed by the HSE. Grade VII staff work a standard 34 hours per week and enjoy 32 days leave per annum. The worker in this case is entitled to have the standard terms and conditions of the grade applied to her.

MANAGEMENT'S ARGUMENTS:

4 1 Terms and conditions of employment vary widely across the HSE. This variation has its origin in the differing arrangements that applied in the various Health Boards that make up the HSE. There have been attempts to regularise hours of attendance and annual leave entitlements at national level but no final agreement has yet been reached.

2 Concession of this claim in isolation would inevitably lead to repercussive claims given the many different sets of terms and conditions that apply across the Health sector.

DECISION:

The Court has carefully considered the submissions of both parties to this dispute.
The evidence presented to the Court supports the Worker’s claim that the standard working week and annual leave allowance for Catering Managers employed in the HSE is circa 35 hours and 32 days respectively i.e. the terms and conditions that apply to Grade VII staff. No evidence was presented by the HSE that challenged this other than the contract of employment under which the Claimant was appointed to the post. It is this contract of employment that the Claimant seeks to impugn.

The Court finds that the Claimant does not enjoy the conditions of employment that apply to the grade of Catering Manager in the HSE. Accordingly the Court finds merit in her claim.

The Court upholds the worker’s claim. The Court decides that the Claimant is entitled to have her hours of work of work and her annual leave entitlement brought into line with those that apply to newly appointed Grade VII staff within the HSE.

The Court further decides that the revised hours should be applied with effect from 1 May 2013 and the revised annual leave in the current leave year.

The Court so decides.




Signed on behalf of the Labour Court



Brendan Hayes
18th April 2013______________________
AHDeputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.




 
 
 
 
 
 
 
 
 

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