Labour Court Database
File Number: CD89182
Case Number: LCR12620
Section / Act: S67
Parties: OUR LADY'S HOSPITAL, CRUMLIN - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION
Claims for compensation on behalf of 2 household members of staff arising from incidents concerning missing clock cards on Sunday 2nd October, 1988.
Division: MrMcGrath Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD89182 RECOMMENDATION NO. LCR12620
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
PARTIES: OUR LADY'S HOSPITAL, CRUMLIN
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
IRISH TRANSPORT AND GENERAL WORKERS' UNION
1. Claims for compensation on behalf of 2 household members of
staff arising from incidents concerning missing clock cards on
Sunday 2nd October, 1988.
2. Household staff work a five day week spread over six days.
Sunday working is considered as overtime. Overtime is voluntary
and eleven of the household staff are on an overtime roster. The
usual practice is that everybody on the roster works every second
or third Sunday.
3. On Sunday 2nd October, 1988 Mrs. Byrne's clock card went
missing. The Hospital undertook an investigation of the matter.
Mrs. Byrne was unaware of the investigation until the following
Thursday when payment for that Sunday was not included in her
wages. On the Friday, which was her rest day she called to the
Hospital to see her supervisor concerning payment for the previous
Sunday. As she did not get paid or receive a satisfactory
explanation, she refused to work the coming Sunday (October, 9th).
She had agreed earlier in the week to work this Sunday when
requested to do so by Management. As a result she was suspended
from the overtime roster for eight weeks. She was subsequently
paid for the Sunday in question.
4. In the case of Mrs. Oglesby the Union maintain that she
reported for duty at 9.30 a.m. on Sunday 2nd October, 1989. Her
clock card was missing. She went back to the card rack at 10.00
a.m. but her card was still missing. She did not clock in or out
that day. Her hours of work were from 10.00 a.m. to 2.00 p.m. and
from 4.30 p.m. to 6 p.m. On the following day she was requested
to report to her supervisor where she was shown her clock card
which showed that she had clocked in at 10.30 a.m. Mrs. Oglesby
refuted this and told the supervisor that she had not clocked in
or out for that day as her card was missing. The Hospital carried
out an investigation following which the worker was paid for the
Sunday morning only. The Union stated that she was not paid any
money for this Sunday. The Hospital could find no evidence of her
being on duty on Sunday afternoon.
5. The Union lodged claims on behalf of both workers. In the
case of Mrs. Byrne the Union is seeking payment for the Sundays
she would have worked had she had not been suspended from the
overtime roster, (two Sundays). And in the case of Mrs. Oglesby
payment for the full day in respect of the Sunday in question.
The Hospital rejected the claims and the issues were referred to
the conciliation service of the Labour Court on 3rd November,
1988. A conciliation conference was held on the 12th December,
1988. At the conciliation conference the Industrial Relations
Officer (I.R.O.) put forward the following proposals.
That the hospital ensure that she has the opportunity to work
two additional Sundays to her normal rostered overtime; and
this to happen by the end of April. That the hospital make a
payment of #40 to a charity nominated by the Union.
That the hospital pay Mrs. Oglesby for Sunday 2 October, 1988
from 10.00 a.m. to 2.00 p.m. and is prepared to pay the
equivalent of the 4.30 p.m. to 6.00 p.m. to a charity
nominated by the Union.
Employees must realise that it is their responsibility to
bring managements attention without delay to missing clock
This proposal was made on the basis that both parties agreed
to take it back and recommend it for acceptance to their
respective principals. If this is not possible then the
proposal automatically falls."
6. The workers concerned rejected the proposal and in February,
1989 the parties agreed to a referral to the Labour Court for
investigation and recommendation. A Court hearing was not held
until 5th October, 1989 due to a dispute in the hospital
7. 1. Neither of the workers took part in the investigation of
their respective incidents.
2. Mrs. Byrne has been penalised twice by the Hospital over
her card being lost. Firstly the delay in paying her for the
Sunday she worked and secondly by taking her off the roster
for Sunday overtime. Mrs. Byrne refused to work that Sunday
in question, as she had not been paid for the previous Sunday
and had not received a satisfactory explanation for same. The
delay in paying Mrs. Byrne for Sunday 2nd October was unjust
her suspension from the overtime roster compounded this
3. Mrs. Oglesby arrived at the hospital at 9.30 a.m.. Her
clock card was not there. She went back to the card rack at
10.00 a.m., her normal start time, (Mrs. Oglesby arrives in at
9.30 a.m. on the Sundays as she gets a lift into work) and as
her card was still not there she worked that day without
clocking in or out. She worked on her rostered ward that
morning and on another ward that evening.
8. 1. On Sunday 2nd October, 1988 Mrs. Byrne's clock card went
missing. The Hospital undertook an investigation into the
matter and when it was established that she had been in work
she was paid for the Sunday. While the investigation was
being carried out she agreed to a request to work on Sunday
9th October. But on Friday 7th October she informed
Management at 3.45 p.m. that she would not be available to
work that Sunday. This behaviour was seen as unacceptable by
Management and Mrs. Byrne was suspended from the overtime
2. On the same day Mrs. Oglesby's clock card also went
missing. An investigation was also carried out in this case.
Following the investigation the Hospital was satisfied that
she was at work for the earlier part of the day. However the
Hospital could find no evidence that she was there in the
afternoon (4.30 p.m. to 6.00 p.m.). Accordingly she was
subsequently paid for the morning only.
3. Neither employee informed Management that their clock
cards were missing even though they were aware that the onus
was on them to do so.
9. The Court having considered the submissions of the parties
1. That the hospital make arrangements with Ms Byrne to
work two additional Sundays to her normal rostered
overtime as soon as possible. The union and Ms Byrne to
be advised of the dates chosen to meet this
2. That the hospital make payment to Ms Oglesby in respect
of the afternoon period of work on Sunday 2nd October,
The Court notes the parties were unable to agree if payment had
been made to Ms Oglesby in respect of the morning period of work
on Sunday 2 October, 1988.
It is the view of the Court that this is a matter of fact which
should be established to the satisfaction of both parties as
quickly as possible.
The Court wishes to emphasise that there is an onus on employees
to ensure their clock cards are available when required. Where
clock cards are missing employees should immediately report the
matter to their immediate superior.
Signed on behalf of the Labour Court
6th November, 1989 Deputy Chairman.