INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001,
AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004
FIRST CITIZEN NURSING HOME, MILLTOWN
(REPRESENTED BY LMCS MANAGEMENT CONSULTANTS)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGee
Employer Member: Mr Doherty
Worker Member: Mr. Somers
1. Referral from the Labour Relations Commission under the Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004.
2. The Company was established in 2003 and opened two residential care homes, one in Milltown, Co Kerry and the other in Lanesboro, Co Longford. A number of staff in Milltown subsequently sought membership of the Union. The Union sought representation rights and in accordance with current legislation a number of items were referred to the Advisory Service of the Labour Relations Commission. Both sides met on the 28th June and the 1st September, 2004. A number of issues were resolved. The outstanding issue concerning a weekend premium was referred to the Labour Court in accordance with Section 2(1) of the Industrial Relations Amendment Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004, on the 6th September, 2004.
A Labour Court hearing took place on the 18th October, 2004.
3. 1. The Company withdrew the weekend premium without any prior consultation or agreement and 'consolidated' the rate.
2. The Union contend that the application of the weekend premium must apply for Care assistants.
3. The Union are seeking a flat rate of €10 per hour for rostered time on Saturday and double time for Sunday.
4. 1.The Company has already compensated staff for weekend working within the revised flat rate of €9p.h.and the reintroduction of a weekend premium would represent a double compensation for such working.
2.The claim is in respect of a small number of staff. The majority are satisfied with their payment arrangements.
3. The Company state that there is no inherent obligation in employment legislation compelling employers to pay overtime premium at weekends.
The following is the recommendation of the Court:
The previous Saturday premium of €9.50 should be restored in addition to the rates currently being paid.
There should be an additional premium paid for working on Sunday to allow for payment of double normal time for each hour worked.
The Court so recommends.
Signed on behalf of the Labour Court
15th December, 2004______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.