FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Compensation for loss of earnings, On-Call payment going forward and Travel Time
BACKGROUND:
2. This case concerns a dispute between HSE Dublin North East and SIPTU in relation to loss of earnings, future On-Call payments and Travel Time payments following the transfer of acute medical services from Monaghan General Hospital to Cavan General Hospital.
The Union is seeking compensation at twice the annual loss of earnings incurred as a result of the closure of the radiography Department at Monaghan General Hospital from 9pm - 9am each day and the provision of just an on-call service between 5pm and 9pm each day. It is also claiming one hours' travel payment for each call out and the application of a higher rate per call out.
Management accept there has been a loss of earnings but claim not to be in a financial position to pay compensation for the losses. It rejects the claim for a higher rate of pay per call out.
The dispute was not 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 matter was referred to the Labour Court on 27th November, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 16th March 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 As a result of the re-configuration of services, the radiography staff have incurred significant losses of earnings. It is reasonable in such circumstances that they be compensated at an appropriate level.
2 The current level of payment for call out is insufficient given the reduction in numbers using the service. Payment of the "B" rate is more appropriate and should be applied to the workers.
MANAGEMENT'S ARGUMENTS:
4 1Current budgetary restraints and lack of future funding has resulted in managements inability to sustain the costs of compensating for loss of earnings.
2 The application of the "B" rate for future call out payments is inappropriate. This rate is only applied where there are no on-call arrangements in place which is clearly not the case in the current situation.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends as follows in relation to each of the Union's claims:
Compensation for loss of earnings:
The Court recommends that the actual loss to each individual affected be ascertained after the reconfigured service has been in operation for 12 months.
Compensation should then be paid equal to once the loss established.
On-Going Payment:
Having regard to the likely repercussive effects of any change in the current arrangements, as provided for in the relevant national agreement, the Court does not recommend concession of the Union's claim.
Travel Time:
It is noted that the HSE have agreed to concede the Union's claim for one hours' travelling time per call out.
Signed on behalf of the Labour Court
Kevin Duffy
6th April 2010______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.