INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
CLONDALKIN ADDICTION SUPPORT PROGRAMME
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr Duffy
Employer Member: Mr Murphy
Worker Member: Mr Nash
The case before the Court concerns a dispute between Clondalkin Addiction Support Programme (CASP) and IMPACT in relation to the non payment of Benchmarking increases. The Union's position is that the employees in question were aligned to Health Service Executive (HSE) employees for pay purposes and should therefore be paid the increases due under Benchmarking.
Management's position is that it is reliant on funding from the HSE to support its service and cannot obtain additional funding to pay Benchmarking increases.
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 14th June, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 17th August, 2006.
3. 1. The employees in question were employed on the basis that they were aligned to HSE employees for pay purposes. An entitlement therefore exists for increases due under national wage agreements and benchmarking also.
4. 1. CASP are not in a position to sustain the costs of paying the increases due. Additional funding had been sought from the HSE in relation to the payment of the increases but had not been forthcoming.
2. Concession of the claim will result in a potentially grave financial situation for CASP which will inevitably impact negatively on employment, the service itself and its users.
It is clear that those associated with this claim were recruited on the basis that they would be aligned for pay purposes with the rates payable by the former Eastern Regional Health Authority. The Court is satisfied that a commitment to such an alignment is incorporated in their conditions of employment.
Accordingly, the Court is satisfied that the Claimants are entitled to the increase in line with those with whom they are aligned and so receommends.
Signed on behalf of the Labour Court
6th September 2006______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.