INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Service recognition scheme.
2. The Company is a contract service company, which provides services to clients in various areas from business:- Health Care, Education and Industry. The Company has 185 business units throughout Ireland, employing in excess of 1,000 people in a part-time and full-time capacity.
The Company provides a service to eleven Residential Care Units of which Aras Attracta is one. The Company employ 13 people at Aras Attracta and provide services seven days a week, ten to twelve hours per day, for approximately one hundred and sixty residents and fifty staff, and also to visitors to the teaching centre. The staff is made up of 8 part-time employees and 5 full-time employees.
The Union lodged a claim for the introduction of a service recognition scheme. Discussions took place locally but agreement was not reached. The matter was the subject of a conciliation conference under the auspices of the Labour Relations Commission and agreement was not reached.
The matter was referred to the Labour Court on the 7th, June, 2002, under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 19th, November, 2002, in Co. Mayo.
2. 1. The Company provide a similar service to the other ten Residential Care Units and there is nothing unique or unusual about the work carried out by the employees at Aras Attracta.
2. There is a self-service system in operation in the restaurant.
3. The nursing and domestic staff also supervise at meal times.
4. The Company employs over one thousand full-time and part-time staff, none of whom enjoy the benefit of a service recognition scheme.
5. The claim is cost increasing and therefore outside the terms of the Programme for Prosperity and Fairness.
4. 1. The Company continue to advise the Union that consideration is being given to the introduction of a scheme.
2. Discussions have been ongoing for two and a half years and are no nearer to a resolution than when first identified.
3. Union members have been duped into a false sense of expectation.
4. The workers are continually being required to cope with excessive work demands due to the Company's inability to attract and retain staff.
The Union sought the introduction of a service recognition scheme for long serving employees. The Company indicated that this issue has been given serious consideration but that it is not in a position to introduce such a scheme at present. The Court notes the Company's assurance that the issue will be under continuous revision.
The Court also notes that there already exists in the Company a scheme to recognise service under the annual leave arrangement, and that an additional special provision applies for those who have attained 20 years service with the Company.
The service recognition scheme sought is a cost-increasing claim and is therefore precluded by the terms of the PPF. Accordingly, the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
17th December, 2002______________________
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.