INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
SERVISOURCE HEALTHCARE LIMITED
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
1. Payment of full retrospection.
2. The case before the Court concerns the Union's claim for retrospection of a pay increase allegedly owing to five of its members. The Union on behalf of the five Claimants is seeking the retrospective application of an increased pay rate for a six month period from January to July, 2013. It is the Union's claim that there are monies outstanding to these workers for this period of time before their correct pay rate was applied to them.On the 22nd January, 2015 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 24th March, 2015. The Employer was not present and was not represented at the hearing.
The Union agreed to be bound by the Court’s Recommendation.
The matter before the Court was brought by the Union on behalf of five named employees under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim for retrospective pay increases as a result of an agreement set out in a letter from the Group General Manager of the Louth Meath Hospital Group (LMHG) to the Chairperson of the LMHG Union Alliance dated 21stJanuary 2013.
The Employer did not attend the hearing.
It was clarified for the Court that the claim arose from the application of that Agreement which provided for the application of point 1 of the HSE 2011 Health Care Assistants' scale to the Claimants as agency workers supplied to the Louth County Hospital. This Agreement was applied to the Claimants’ pay with effect from 30thAugust 2013 retrospective to 10thJuly 2013. On behalf of the five Claimants the Union sought retrospection for the period 10thJanuary 2013 until 9thJuly 2013 on the basis that the Claimants commenced employment at the Hospital on 10thJanuary 2013.
Having considered the submission made the Court recommends that the increase should be applied retrospectively for a period of six months i.e. from 1stMarch 2013 until 30thAugust 2013, therefore, the Court recommends that the Claimants should be paid retrospection for the period from 1stMarch 2013 until 9thJuly 2013 within six weeks of this Recommendation.
Signed on behalf of the Labour Court
27th April 2015______________________
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.