INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
INCORPORATED ORTHOPAEDIC HOSPITAL, CLONTARF
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
- AND -
IRISH NURSES' ORGANISATION
1. Loss of earnings.
2. The dispute concerns a claim by the Union on behalf of 10 workers, covering 3 areas as follows:
(1) Premium payments from January 1979 to 1995 in respect of periods on night duty. The workers were not paid the correct payment when compared to staff in other hospitals. The correct payments were made from 1st January, 1995. The Union is seeking retrospection of 10 years at approximately £1,000 per annum, per worker.
(2) Additional annual leave in lieu of excess time worked on shift duty from 1980 to 1995. The Union is seeking an additional 10 days annual leave per annum per worker, retrospective to July, 1988.
(3) Following the introduction of the 39-hour week, in July 1990, management failed to adjust the hourly rate of payment. The loss here is approximately £150 per worker.
The dispute concerns the degree of compensation. The Hospital offered a total of £40,000 in full and final settlement. The Union is seeking approximately £100,000 in regards to the premium payments alone.
The dispute was referred to the Labour Relations Commission and 2 conciliation conferences took place on 5th October, 1995, and 13th December, 1995. The parties did not reach agreement and the dispute was referred to the Labour Court on 12th March, 1996, in accordance with Section 26(1), Industrial Relations Act, 1990. A Labour Court hearing took place on 14th May, 1996
3. 1. The loss to the workers is substantial, particularly in the case of the premium payments. The Union's claim of £1,000 per annum, per person is based on the maximum of the scale in 1987, the mid-point of the retrospective period and is the minimum that is due to the workers. The amount of annual leave being claimed is also the least that would be acceptable to the workers.
2. The Union is prepared to have the compensation spread over a period of time, perhaps 3 years, in order to facilitate the Hospital.
4. 1. The £40,000 offer by the Hospital is the maximum that will be sanctioned by the Department of Health. The figure is based on 3 years' loss, which is the normal amount awarded in similar previous cases of this nature. The money can be divided by the Union in what it regards as a fair manner.
2. The issue of additional annual leave is not appropriate to the claim. It represents a significant additional cost to management, who must replace night staff who already have a substantial annual leave entitlement.
The Court, having fully considered all of the views expressed by the parties in their oral and written submissions, recommends that the offer made to the workers here concerned be increased from £40,000 to £60,000 and divided among the staff in accordance with the service of the individuals concerned.
The payment to be made in two phases - £40,000 at the date of issue of the recommendation and the balance twelve months thereafter.
These payments to be made in full and final settlement of this dispute.
Signed on behalf of the Labour Court
3rd September, 1996______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.