FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : RIVERSDALE HOUSE NURSING HOME (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Dispute concerning pay, the non payment of certain public holiday entitlements and certain terms and conditions of employment.
BACKGROUND:
2. The Company operates a 26 bed nursing home facility employing approximately 32 care and 6 nursing staff. On the 6th August, 1998, the Union submitted a claim seeking improved pay and payment for outstanding public holiday entitlements together with a number of other issues. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 7th October, 1998, at which the Company offered an eleven point incremental pay scale which took cognisance of the issue of retrospective pay for public holidays. The Union rejected the offer. Subsequently the Company proposed a revised 10 point incremental pay scale and £3,000 compensation for public holidays. The accepted compensation, as stated by the Union at conciliation is circa £6,000. The Company stated that it had very limited resources and was not in a position to address other aspects of the Union's claim. The offer was rejected and the dispute was referred to the Labour Court by the Labour Relations Commission on the 12th October, 1998. A Court hearing was held on the 21st October, 1998.
UNION'S ARGUMENTS:
1. The Union is seeking the same pay rates for the workers concerned as those paid to workers in the Department of Health plus payment for outstanding public holidays the accepted amount , as stated by the Union at conciliation and again at the hearing is circa £6,000.
2. The proposal of Management in relation to pay (details to the Court) is acceptable providing the total amount of arrears due for public holidays are paid.
3. If these issues are resolved the Union is prepared to have separate negotiations on all the other matters in dispute (i.e. annual leave, premium payments, overtime rates, sick pay scheme etc.)
4. The Union does not accept the Company's claim that it is necessary to hire contract nurses (with rare exceptions) as nurses would be available if pay levels were appropriate.
COMPANY'S ARGUMENTS:
1. The Company first began trading in 1991 with a full compliment of staff and underutilised demand. Despite trading losses staff have received significant salary increases over the past number of years (details to the Court.) The Company proposes to further improve pay rates in January, 1999. It has offered to supply a standard contract of employment compiled by the Irish Nursing Homes Association.
2. The nursing home has not had full occupancy since December, 1997 and, due to a severe shortage of nurses has had to employ agency nurses which has put further financial strain on limited resources. Management responded to the pressures of the market place by offering a salary increase to nursing staff in December, 1997, the rate per hour increased by £2.00. Running at a labour cost of 60% is untenable in any business and this cost cannot be sustained in the long term.
3. In view of the Company's dire financial circumstances and considering the ever deteriorating situation with regard to nursing staff along with decreased bed occupancy, the company considers that its revised offer of a 10 point incremental salary scale together with £3,000 in recognition of the public holiday pay issue is fair and reasonable.
RECOMMENDATION:
The Court recognises the efforts made by the employer to address the issue of supplying a contract of employment by the use of a standard contract compiled by the Irish Nursing Homes Association. This contract should be replaced by a contract which specifically addresses the terms and conditions applying in this particular employment.
Among the issues it should address are:
- grievance and disciplinary procedure;
- holiday and public holiday entitlements;
- health and safety issues.
The Court recommends that the proposal put forward at the conciliation conference on 7th October, 1998, for an eleven point incremental scale should be enhanced by the payment of a lump sum as compensation for the non-application of certain Public Holidays to some employees and that this should be accepted in full and final settlement of this claim. The lump sum to be agreed between the parties within the stated amounts, as outlined at the hearing, shared out depending on the loss incurred.
This compensation lump sum to be paid not later than the end of the current leave year as operated in this employment i.e. 4th April, 1999.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th November, 1998______________________
TOD/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.