FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : INDUSTRIAL RELATIONS ACTS, 1946 TO 2012 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 HSE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION UNITE DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Sleepover Arrangements - Part-time Workers Liability to do Sleepovers.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Unions in relation to the requirement of part-time workers in the Childcare and Intellectual Disability sector to carry out sleepover shifts, a period of up to 8 consecutive hours usually between 8pm and 8am. The subject of sleepovers in its entirety was previously dealt with by the Labour Court in its Recommendation No. 20837, issued to the parties in September, 2014. However, the liability of part-time workers to carry out sleepovers remains unresolved between the parties. It is the Employer's position that in order for rosters to be carried out there is a requirement for part-time workers to carry out sleepovers as and when required. It is the Unions' position that in compliance with the law part-time workers should only be required to carry out sleepovers on a pro-rata basis in accordance with their part-time contracted hours. The dispute could not be resolved at local level and was the subject of a number of Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 2nd November, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th December, 2015.
UNIONS' ARGUMENTS:
3. 1. The Union contends that the requirement for part-time workers to carry out additional sleepovers converts them to full-time status and is a denial of part-time workers rights.
2. The Union maintains that compulsory rostering of sleepovers should be done strictly on a pro-rata basis.
3. The Union further contends that the requirement for part-time workers to carry out additional sleepovers should be on a voluntary basis only going forward.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer rejects the Unions' position that part-time workers should only be scheduled for sleepovers on a pro-rata basis in comparison to their full-time counterparts.
2. The Employer is of the view that it is contractually entitled to roster part-time workers for sleepovers once it is not in breach of the maximum number of weekly working hours.
3. The Employer asserts that it is not in a position to fulfil its requirement to carry out sleepovers from its pool of full-time staff and accordingly the burden falls to part-time workers also.
RECOMMENDATION:
The Court recommends that the dispute be resolved on the following basis: -
1. The HSE should invite volunteers from amongst part-time staff to enter into contractual arrangements whereby they would commit to working a defined number of sleepovers shifts per week and the HSE would commit to providing that number of sleepover shifts.
2. The commitment, once entered into, would be irrevocable for such period of time as the parties may agree. If agreement is not reached on the duration of these commitments that question may be referred back to the Court for a definitive recommendation.
3. Should an insufficient number of part-time staff volunteer for the arrangements referred to at 1 above, the HSE should be free to roster staff for sleepover duties proportionate to their contract hours on a pro rata basis with full-time staff.
This arrangement should be reviewed by the parties after it has been in operation for two years or such earlier period as may be agreed.
Signed on behalf of the Labour Court
Kevin Duffy
17th December 2015______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.