INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
HSE DUBLIN MID LEINSTER
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. Payment of €1800 under the 8 to 6 Agreement - HSE HR Circular 005/2006
2. This case concerns a dispute between the HSE Dublin Mid Leinster and SIPTU in relation to a claim for the payment of an allowance. The Union's position is that the allowance should be paid as the radiographers in question sufficiently amended their working hours to qualify for payment under the relevant HSE Circular (005/2006). Management rejects the claim on the basis that the changed work pattern did not change sufficiently to merit payment of the allowance and any roster changes that were made did not provide any benefit to patients.
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 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 29th August, 2012.
3 1 The Radiographers have amended their work patterns and are in compliance with the provisions of HSE Circular 005/2006. This was confirmed after the matter was previously referred to the Joint Independent Body as provided for in the Circular Letter. The Chairman of the group confirmed that the changes made were in compliance with the provisions of the circular and sanctioned payment of the allowance from January 2010.
4 1 Management does not accept that any consultation took place in relation to whether the changes to work patterns satisfied the terms of the Circular. Therefore, the sanction for payment was issued incorrectly and formal discussions and consultation should have taken place prior to its issue.
Having considered the submissions of the parties the Court recommends that the current dispute be resolved on the following basis:
1. The parties should jointly request the chairperson(s) who attended the meeting of the Joint Implementation Body established under HSE Circular 005/2006 on 6th October to confirm that the memo dated 21st December 2010 accurately records the decision of the Implementation Body.
2. On receipt of that confirmation the terms of the memo should be implemented.
The Court so recommends.
Signed on behalf of the Labour Court
7th September 2012______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.