INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
WATERFORD PROBATION RESIDENCE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
1. Payment of a Saturday allowance, premium payments for working Sundays and Bank Holidays.
2. The Waterford Probation Residence was established in 1978. It provides sheltered accommodation for young offenders and is funded by the Probation and Welfare Service Division of the Department of Justice, Equality and Law Reform.
The dispute before the Court concerns a claim by the Union on behalf of its members employed as House Parents for payment of a Saturday allowance and premium payments for working on Sundays and Public holidays.
As the issue could not be resolved at local level, the dispute was the subject of conciliation conferences under the auspices of the Labour Relations Commission held on the 13th of April, 2000, the 9th of May, 2000 and on the 21st of November, 2000. As agreement was not reached, the dispute was referred to the Labour Court on the 8th of February, 2001 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th of July, 2001, the earliest date suitable to the parties.
3. 1. At present, the workers concerned are not in receipt of any allowances except a sleep-in allowance of £16.40 (20.82 Euro).
2. The staff concerned are a dedicated and professional group. They should receive the same benefits as their counterparts in similar organisations.
4. 1. The salary agreed by staff to work in the centre included payment for working unsocial hours, weekends and public holidays.
2. In June, 2000, management sought an increase in the allocated budget but was refused by the Department. It is impossible for the centre to pay the allowances sought by the Union given the current budget constraints.
Having considered the submissions of the parties and having regard to the position pertaining in the analogous employments to which it was referred, the Court recommends that the Union's claim be conceded.
It is further recommended that the allowances be paid retrospective to 1st of July, 2000.
Signed on behalf of the Labour Court
13th August, 2001______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.