FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST. JOHN OF GOD HOSPITALLER SERVICES - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Compensation for the removal of complimentary meals.
BACKGROUND:
2. St Mary's, Drumcar, is the on-campus residential service component of St John of God North-East Services, which provides supports and services to 185 residents with intellectual disabilities.
The dispute before the Court concerns night nurses at the hospital who, for a period of 12 years, were provided with free dinners whilst working nights. This service was discontinued at the end of 2008.
Discussions took place between Management and the Union on new arrangements whereby night staff would have precooked meals available to them from a vending machine located in the dining-room. The only outstanding issue was the price to be charged for the meals and a compromise was subsequently agreed.
The dispute before the Court concerns a claim by the Union on behalf of its members for compensation for the loss of the free meals.
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 18th December, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th May, 2010.
UNION'S ARGUMENTS:
3. 1. The Union maintains that the provision of complimentary meals to night staff is a long standing agreement and is clearly a condition of employment.
MANAGEMENT'S ARGUMENTS:
4. 1. Management maintains that the new arrangements put in place in 2009 for staff meals on night duty are convenient, practical and reasonable, providing high quality meals at a modest cost to staff.
2. All staff in St. Mary's benefit from subsidised meals.
3. All other unions in St. Mary's agreed to the revised arrangements without compensation.
RECOMMENDATION:
Having carefully considered the oral and written submissions of both parties, the Court, in all the circumstances of this case, does not recommend concession of the Union's claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
31st May, 2010______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.