INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
HEALTH SERVICE EMPLOYERS
REPRESENTED BY THE HSE-EMPLOYERS AGENCY
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Pay Claim.
2. The dispute concerns the Union's claim on behalf of Pathology Technicians for the payment of an award of €4,000 made by an Independent Arbitrator in October, 2005. The award was made in respect of additional duties and responsibilities undertaken by the Claimants. The Union wrote to the HSE-EA in November and December, 2005, requesting payment of the award. The Union submitted a complaint to the Labour Court on the 18th April, 2006, under Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Court hearing was held on the 20th July, 2006.
3. 1. The Independent Arbitrator's award was made to the Claimants on the basis of their cooperation with the recently adopted Organ Retention Procedures.
2. Despite the best efforts of the Union to have the monies awarded to the Claimants, only three hospitals have paid the award which is applicable nationally.
3. The monies are due to the Claimants since December, 2005. The Employers have not explained their failure to honour the award. The Union is seeking the payment due and the imposition of a monetary penalty for the unnecessary and unexplained non-payment of the award to the Pathology Technicians.
4. 1. The Arbitrator's findings were issued to individual employing agencies who are responsible for their implementation.
2. In the interim the HSE-EA has sought an update from Employers with regard to the status of implementing the proposal. In the main the information provided confirms that the lump sums have been paid.
3. The HSE-EA is not contesting that the lump sum, where appropriate, should be paid as per the findings of the Independent Arbitrator.
The Court finds it extraordinary that the award of the Arbitrator has not been implemented fully. There is no justification for the failure.
The Court recommends that the award at issue be implemented fully within one month of the date of this Recommendation.
Signed on behalf of the Labour Court
24th July, 2006
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.