INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
EASTERN REGIONAL HEALTH AUTHORITY
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Nonpayment of sleepover allowance.
2. The dispute concerns the Union's claim for a sleepover allowance on behalf of Hostel Supervisors employed by the Authority in the Psychiatric and Learning Disability Service. The Union is seeking an allowance of £25 (Euros 31.74) per night which it argues is paid to Child Care Workers employed by the Authority. An offer of £18 (Euros 22.86) per night was rejected by the Union.
The matter was the subject of two conciliation conferences held under the auspices of the Labour Relations Commission on the 14th of February, 2001 and on the 27th of March, 2001. As agreement could not be reached, the dispute was referred to the Labour Court on the 4th of May, 2001 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd of July, 2001.
3. 1. The workers concerned provide a valuable service to the community therefore the claim is justified.
2. The workers concerned should receive the £25 (Euros 31.74) sleepover allowance paid to the Child Care workers.
3. The workers have always been available to have their situation assessed but management has not sought to investigate the matter.
4. 1. The sleepover allowance which applies to Child Care workers is unique to that grade and its transferability to other grades is not an option.
2. An offer of £18 (Euros 22.86) sleepover allowance was rejected by the Union.
3. An overall review of the hostels has commenced and areas such as annual leave, increments, overtime payments and the issue of sleepover should be addressed as part of the review.
The Court having considered the written and oral submissions made by the parties and the various options proposed recommends as follows: -
The Employer's offer of £18 (Euros 22.86) to be increased to £23 (Euros 29.20), backdated to 1st October, 2000.
In the meantime, the proposed review should commence and this issue should be one of the items on the agenda.
Signed on behalf of the Labour Court
16th July, 2001______________________
Enquiries concerning this Recommendation should be addressed to Marian O'Connell, Court Secretary.