SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
A PRIVATE NURSING HOME
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Haugh
Employer Member: Mr Murphy
Worker Member: Mr McCarthy
1. A claim by the Carers and Domestic Staff to be paid the HSE rates of pay.
2. This dispute relates to a claim by the Carers and Domestic Staff to be paid the HSE rates of pay.
The Union said its members feel they are being unfairly treated by Management in not allowing them to access to the HSE rates of pay.
The Employer said the claim is unrealistic and unsustainable because of the difference in the fee structure of HSE Homes versus private nursing homes with Fair Deal residents.
- This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 30th August 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 23rdNovember 2016.
3. 1. The last pay increase staff received was in 2007.
2. All of the beds and bungalows are occupied.
3. All Care Assistants are trained to the same level as Health Care Assistants in the HSE hospitals in that they all have Fetac Level 5 completed.
4. 1. Private Nursing Homes are paid over 60% less than the HSE-owned nursing homes and are subject to the very same standards and are policed by HIQA.
2. The payroll cost of the Nursing Home is 70% of the fee income received.
3. The terms and conditions of employment in comparison with other local Nursing Homes are more favourable.
Background to the Dispute
The dispute concerns the rate of pay of support staff grades at the Respondent – a private nursing home. The Union is seeking HSE rates of pay for its members employed in those grades by the Respondent. The Respondent submits that this claim is unrealistic and unsustainable because of the difference in the fee structure of HSE Homes versus that which applies to private nursing homes that are in receipt of Fair Deal payments.
The Court recommends that the following pay increases be implemented in the case of the grades who are the subject of this dispute:
•3% with effect from 1 January 2016
•3% with effect from 1 January 2017
The Court further recommends that the parties should engage in discussions on pay at the latter end of 2017 following the conclusion of talks between the HSE and private nursing home operators regarding the operation and funding of the Fair Deal Scheme.
The Court so recommends.
Signed on behalf of the Labour Court
16th January, 2017Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.