FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH EAST REGION - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Disturbance Payment.
BACKGROUND:
2. In 2004, the Health Service Executive (HSE) centralised its stores function in the Wexford area. It closed a store in Wexford General Hospital and one at St. Senan’s Hospital, Enniscorthy, and opened a new facility at Ardcavan Business Park, Wexford. This facility is approximately three miles from Wexford General Hospital and approximately thirteen miles from St. Senan’s Hospital, Enniscorthy.
- The dispute before the Court concerns a claim by the Unions, on behalf of their members who were obliged to re-locate to the new work location, for disturbance/relocation compensation. The Unions are seeking €2,000 for those required to move from their previous locations. A further payment of €500 is being sought for those who moved from Enniscorthy.
- The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 7th February, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th October, 2006.
UNION'S ARGUMENTS:
3.1 The re-structuring and re-location of the store was positively received and actively co-operated with by those workers directly affected. At all times during negotiations on the new staffing structure and service, full co-operation was shown by members. Considering the size of the operation, change in work practices and development of new systems, it is clearly evident that the fact that the project was completely delivered within timeframe and without additional cost is in no small way down to the total co-operation and good faith shown by these workers.
2. The Union's claim can be supported by other examples of compensation packages which have been agreed by the South-Eastern Health Board. In 2003, agreement was reached in relation to the opening of a new Psychiatric unit on the campus of St. Luke’s Hospital, Kilkenny. This involved a re-location of 1.5 miles in distance.
3. Both Management and Unions will accept that the re-location in Wexford has been a success. The success of the project is due to the full and committed co-operation of the workers involved. The Unions contend that this is a legitimate claim on behalf of their members and would ask the Court to recommend in their members' favour.
HSE'S ARGUMENTS:
4.1 Staff have already been compensated for change by way of Benchmarking, Sustaining Progress and the 2003 National Agreement for Support Grades ‘Recognising and Respecting the Role’ and more recently by ‘Towards 2016’. The report of the Public Service Benchmarking Body identified ‘flexibility of working as a key requirement in the achievement of greater efficiency and effectiveness in the Public Service’.
2. Sustaining Progress (Section 19.22) states that the payments of the final phases of the benchmarking increases are dependent on co-operation with flexibility and on-going change. Section 21.4 states that work should be organised in a manner that ensures the provision of a high quality public service. This may require change in existing structures and working methods to ensure that services are provided in the most efficient and effective way. ‘Towards 2016’ Section 30.9 states ‘The parties recognise that a value for money approach is needed to maximise efficiencies both in terms of resource management and service delivery’.
3. The centralization of the supplies function provided for an opportunity for staff to compete for upgraded posts by way of confined competitions. Staff were aware, prior to the advertisement and filling of posts, that the location of the Supplies Department would be in Ardcavan. All staff who relocated from St. Senan’s did so on promotion. The Court is therefore requested to reject the Union’s claim.
RECOMMENDATION:
The present claim is based mainly on the payment of compensation to workers transferred to a new psychiatric unit at St Luke's Hospital, Kilkenny. On the information before the Court that settlement was based on the application of the "Castlerea Formula". It is well established that the application of that formula is confined to transfers within the psychiatric service and cannot be claimed elsewhere. Accordingly, the Court is satisfied that the Union's claim is not well-founded.
The Court is nonetheless satisfied that the circumstances of those required to relocate from St. Senan's Hospital are exceptional in that they are required to travel an additional 28 miles per day in order to attend work. This places what is required of them outside the category of normal ongoing change.
In the Court's view, those in this category, who have not been otherwise compensated by way of promotion or regrading, have a valid claim for compensation which should be addressed. The Court recommends that the parties resume negotiations with a view to agreeing appropriate compensation for those in that category. Those negotiations should be concluded within two months from the date of this Recommendation. In the event of agreement not being reached the matter may be referred back to the Court.
The Court does not recommend concession of the claim in so far as it relates to those who were promoted or otherwise regraded in consequence of the move or who were relocated from other locations.
Signed on behalf of the Labour Court
Kevin Duffy
9th November, 2006______________________
JO'C/MGChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.