LCR22804

1. Pay Claim and Pay Determination Mechanism.

BACKGROUND:

2. This matter could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the matter was referred to the Labour Court on 29 May 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 16 August 2023.

RECOMMENDATION:

There are two elements to the claim before the Court. The Union seeks pay increases back-dated to 2021 and a recommendation on a mechanism for determining pay for the group of Workers into the future.

The group of Workers covered by this claim are former direct employees of the client hospital, who joined the Employer company on a transfer of undertakings in 2020.

In support of the pay claim, the Union argues that the people concerned have not received any increase in 15 years, that the issue of pay was raised with the company in 2020 and that they are low paid workers subject to the impact of rising prices.

The Employer notes that the group concerned are paid more than other Workers in the company, though the Employer endeavours to pay all employees above the National Minimum Wage. The Employer argues that it is not certain that the client hospital would be willing to bear the cost of any increase and, in particular, that any retrospection to 2021, as sought, would create huge difficulties for the Employer.

Having considered the arguments of both parties, the Court recommends pay increases as follows;

1% from 1 June 2022

3% from 1 June 2023.

With regard to future pay determination, the Court notes that the Employer indicated a willingness to engage with the Union every year to discuss the issue and that the Union indicated to the Court that this was acceptable. The Court recommends that the parties engage in this manner in 2024 and beyond.

	Signed on behalf of the Labour Court
	Tom Geraghty
TH	______________________
17 August 2023	Deputy Chairman