INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
ST RAPHAEL'S CENTRE - SOUTHERN HEALTH BOARD
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Payment of overtime to non-nursing staff.
2. The dispute before the Court concerns a claim by the Union on behalf of 110 non-nursing staff employed by the Southern Health Board at St. Raphael's hospital in Youghal, Co. Cork for the payment of overtime.
At present non-nursing staff at the hospital are not paid for overtime as temporary staff are used to cover any extra hours.
Local discussions could not resolve the issue. The dispute was the subject of two conciliation conferences under the auspices of the Labour Relations Commission held on the 22nd of June, 2000 and on the 12th of July, 2000. As agreement was not reached, the dispute was referred to the Labour Court under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th of November, 2000.
3. 1. Non-nursing staff are paid overtime in other areas, especially in Dublin.
2. Nursing staff at the hospital are paid for overtime. Non-nursing staff should also be paid for overtime and cannot be discriminated against.
4. 1. The reason why non-nursing staff in Dublin are paid overtime is that there is a problem in recruiting temporary staff.
2. There is a sufficient number of temporary staff to cover for any hours in excess of 39 hours. The issue of overtime does not arise.
The Court recommends that the Health Board should concede the Union's claim for overtime payments to staff who work in excess of their standard hours, on the same basis as applies in other similar employments in the Health Board area. Likewise, the Union should agree to the deployment of temporary staff in line with the accepted practice in those employments.
Signed on behalf of the Labour Court
27 November, 2000______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.