FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE / NATIONAL AMBULANCE SERVICE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. (1) Annual leave (single days). (2) Basing arrangements for non-rostered relief staff and post-graduate Interns.
BACKGROUND:
2. The HSE / National Ambulance Service (NAS) have set out proposals relating to two issues, outstanding post Labour Court Recommendation LCR20313. Structured annual leave and the taking of single days during peak periods and Base / Hub arrangements for non-rostered Relief Staff and post-graduate Interns. The Union has objected to both proposals as they deem them to be both unfair and unreasonable.
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 16th April, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990
. A Labour Court hearing took place on the 24th June, 2013.
UNION'S ARGUMENTS:
3. 1. There should be a mechanism, policy or guidelines agreed other than just overtime by which single day annual leave can be accommodated.
2. The staffmembers should be assigned to a Base nearest their homes rather than to a Hub (an area consisting 3 or 4 Bases) where the intention is to avoid the payment of travel and subsistence, if there is arequirementto change Bases.
COMPANY'S ARGUMENTS:
4. 1. NAS will no longer be in a position to guarantee single days leave by using overtime to cover same, due to wage cost implications.
2. Non-rostered staff will be assigned to a Hub Station rather than a Base Station. For the most part this will be the Hub Station nearest the staff member's home.
RECOMMENDATION:
The Court recommends as follows in relation to the issues in dispute:-
Single Day’s leave
The parties should have further discussions with a view to putting in place clear guidelines on the circumstances in which casual leave will be allowed. These guidelines should provide definitive and objective criteria against which such applications will be decided upon and in particular they should provide that applications will not be unreasonably refused.
Location
The Court recommends that the parties have further negotiations aimed at finalising agreement on this issue. In these negotiations the parties should have regard to the following: -
1. The notion of relief staff being assigned to a hub should be accepted.2. Within that arrangement staff should be deployed to a location nearest their place of residence.
3. Relief staff should be transferable to other locations within the hub but the circumstances and conditions under which this will occur should be the subject of further negotiations between the parties having regard to the general requirement of reasonableness and the exigencies of the service.
Signed on behalf of the Labour Court
Kevin Duffy
27th June, 2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.