INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
GALWAY UNIVERSITY HOSPITAL
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Ms Tanham
1. Failure to implement a 2005 Rights Commissioner's Recommendation.
2. This case concerns a dispute between Galway University Hospital and SIPTU in relation to regrading. The worker is employed as Head Gardener in Merlin Park Hospital and has been seeking regrading for a number of years. A Rights Commissioner previously recommended (in 2005) that the matter be dealt with nationally and that the worker be paid €3,000 while the matter was processed through the appropriate channels. The matter did not progress nationally and as it currently stands, management, while sympathetic to the worker's case, cannot approve individual regrading and have no other financial resources available to resolve the dispute. Management contends that it complied with the Rights Commissioner's Recommendation at the time and did negotiate at local level but could not make decisions locally on a national issue.
The Union referred the matter to the Labour Court on 24th May 2010, in accordance with Section 20(1) of the Industrial Relations Act, 1990 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 19th October, 2011.
The Court has carefully considered the submissions of both parties in this case.
The Court notes that no cost increasing claims can be progressed by either party to the Public Service Agreement during its lifetime.
This is a cost increasing claim and, accordingly, the Court finds that it is contrary to the terms of the Agreement and cannot be progressed at this time.
The Court so recommends.
Signed on behalf of the Labour Court
18th November, 2011.______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.