INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
BON SECOURS HOSPITAL
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Appeal against Rights Commissioner's Recommendation IR2414/00/CW.
2. The worker concerned is employed by the Hospital in a non-nursing capacity. The dispute concerns the Union's claim on behalf of the worker for the application of one days marriage leave. The Union argues that it is common practice in public and voluntary hospitals to apply one days marriage leave to non-nursing staff. Management rejects the claim. The matter was referred to the Rights Commissioner for investigation and recommendation. The Rights Commissioners recommendation is as follows:
"I recommend that the Hospital concedes the Union claim in this instance"
On the 13th December, 2000, the employer appealed the Rights Commissioner's recommendation to the Labour Court under Section 13(9) of the Industrial Relations Act, 1969. The Court investigated the complaint on 2nd March, 2001.
3. 1. The employer has applied all agreements as negotiated in the Public and Voluntary Hospital Sector. The employer has never offered to negotiate or entertain claims which exceed those in the Public Sector.
2. This claim is not violated by the Programme for Prosperity and Fairness.
3. This claim applies only to non-nursing staff as covered by the Analogue Agreements. It does not affect Nursing or Clerical Staff.
4. 1. The Bon Secours Hospital is a private entity and has the right to decide on its own terms and conditions of employment. It is not bound by those existing in the Public Health Sector.
2. The claim is cost-increasing under the terms of the PPF for which no return/productivity can be recouped by management.
3. The claim would have knock-on implications given that the hospital employs approximately 100 staff with less than 24 days leave and given that this also tends to be the staff with the highest turnover.
Having considered the submissions of the parties to this appeal the Court has come to the view that in the circumstances of this case the Recommendation of the Rights Commissioner is reasonable and should be implemented.
Accordingly, the appeal is disallowed and the Recommendation of the Rights Commissioner affirmed.
Signed on behalf of the Labour Court
9th March, 2001______________________
Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.