FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH EAST REGION - AND - UNITE THE UNION DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Mr Hall |
1. Exclusion from On-Call System.
BACKGROUND:
2. This dispute could not be resolved at local level. As agreement was not reached, the dispute was referred to the Labour Court on 22 June 2018 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 18 September 2018.
UNION'S ARGUMENTS:
- The Worker should be afforded the same opportunity as other craftspersons at St. Dympna's Hospital by not refusing his request to place him on the on-call panel.
- If the Worker had been allowed access to the on-call panel in 2012 he would now have acquired the skills necessary to carry out the on-call role.
- The Union believe the Employer to be in breach of a 2005 Agreement between the Parties pertaining to the operation of on call rosters at St.Dympna's.
EMPLOYER'S ARGUMENTS: - As the majority of call-outs relate to electrical or plumbing issues the decision not to put the Worker on the on-call roster relates to the fact that the Worker's expertise lies in carpentry.
- Placing the Worker on the on call roster for St.Dympna's could result in two Craftspersons being called out if an electrical or plumbing issue arises. This would double the cost of call out for the Employer.
- The Worker was placed on call for St.Luke's Hospital Kilkenny in 2012 thereby honouring the 2005 Agreement between the parties.
RECOMMENDATION:
Background to the Dispute
The Worker has been employed as a carpenter by the HSE South at St. Dympna’s Hospital, Carlow since 2000. In 2005 an on-call maintenance system was agreed between Unions and Management at St. Dympna’s, with the assistance of the Labour Relations Commission. The Worker, for reasons related to family commitments, chose not to opt into the rota system at the time.
The terms of the 2005 On-Call Agreement provided for a right to opt-in at a later date. The Worker sought to exercise that right in 2012. In or around that time, a vacancy had arisen in the Kilkenny area for an on-call carpenter. Management offered this on-call role to the Worker and he accepted it. He was paid for his on-call service in Kilkenny in accordance with the terms of the 2005 agreement and he received travel and subsistence payments in the normal way. This arrangement continued until 8 May 2016 when the Worker unilaterally and without prior notice made himself unavailable for on-call work in Kilkenny.
Meanwhile, the Worker– through his Union - had referred the matter of his exclusion from the on-call system at St. Dymna’s Hospital to the Labour Relations Commission. The dispute was the subject of a number of Conciliation Conferences and was before this Court on two occasions.
The HSE’s position is that the majority of call-outs at St. Dympna’s relate to electrical or plumbing issues which are outside the Worker’s area of professional expertise. Management submits that had he participated in the on-call rota from 2005 onwards he would have had the opportunity to avail himself of training and upskilling as appropriate. Management further relies on a risk assessment of the potential risks associated with requiring untrained personnel to attend electrical and mechanical/plumbing call-outs conducted on its behalf by Workplace Solutions which found the risk rating in such circumstances to be high. The HSE is willing to permit the Worker to return to on-call duty in Kilkenny.
The Union submits that the Worker is an experienced and competent craftsman who has the wherewithal to acquire the necessary additional skills, over time, that will enable him to fully participate in a safe manner in the provision of on-call services at St. Dympna’s.
Recommendation
The Court recommends that Management should arrange for an appropriate assessment to be made of the Worker’s skills vis-�-vis the skills ordinarily required to provide a full on-call maintenance service at St. Dympna’s Hospital. The Worker should, thereafter, be provided with the necessary training to address any skills deficit identified in the course of the assessment. Meanwhile, the Worker should be included in the roster for on-call duty in Carlow. His performance in that role should be assessed by Management six months following his commencement in the role. If at that point in time, the arrangement recommended by the Court proves to be unsatisfactory from either Party’s perspective, the Worker should then be offered an on-call position in Kilkenny.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
JD______________________
17 October 2018Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.