LCR23189

PARTIES:

DIVISION:

SUBJECT:

Shift allowance for Caretakers.

BACKGROUND:

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 04 July 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

 A Labour Court hearing took place on 30 September 2025.

 UNION'S ARGUMENTS

The two concerned workers are the only caretakers who work a daily split shift which, excludes them from overtime opportunities. The Union argue that the two concerned workers should be entitled to the same overtime opportunities as their colleagues. The Union proposed three possible means of resolving this dispute, they are as follows:

1. A shift allowance would be paid to the two concerned workers
2. Parity with their colleagues’ hours and access to overtime
3. To work 39 hours over five and weekend work to be paid as overtime

EMPLOYER'S ARGUMENTS

1. The Council is of the position that the split shift roster was developed to accommodate the two concerned workers, who now wish to receive regular rostered overtime for working it and also be provided back-pay in relation to it.
2. Uisce Éireann is open to the workers reverting to a standard 8am to 3.30pm where there is no requirement for evening work.
3. The Council maintain that the dispute relates to the claimants having the option to be reassigned to the Local Authority or being able to transfer to Uisce Éireann. As part of this Agreement, employees retain certain allowances/ payments and overtime, which would continue to apply after the transfer/ reassignment.

RECOMMENDATION:

This a claim on behalf of two caretakers who work a split shift both daily and over weekends and are seeking access to regular and rostered overtime. They are the only two caretakers on spilt shift and they believe this puts them at a disadvantage in terms of access to regular and rostered overtime. They believe that they are at a financial disadvantage. The Union put forward the following three proposals as possible solutions. 1)The workers would stay as they are and get a premium shift allowance for working split shift. 2)they would get shift premium or parity with their colleagues who work 8.00am to 3.30pm and would get an hour of regular rostered overtime for evening duties. Or 3) work a 39/5 8-hour day with weekend hours forming part of regular and rostered overtime and keep the weekend allowance they already receive.

The Employer responded stating that in respect of the first option that would have to be raised at national level and could not be addressed just for these two workers. In respect of options 2 and three, the Employer stated the Workers could revert to 8am to 3.30 pm with no operational or other requirement to work regular overtime in the evening. They would attract ad hoc overtime on an as needed basis. The Employer submitted they had no requirement for these caretakers to do regular and rostered overtime.

The Court having carefully considered the submissions of the parties and the oral submissions made on the day concludes there are two options available to the Worker’s a) maintain their current arrangement or b) switch to 8.00am to 3.30pm with ad hoc overtime on an as needed basis. The Court cannot recommend that Workers be placed on regular and rostered overtime when the undisputed position of the Employer is that they have no need for same.  The Court recommends that the Workers consider which option they wish to avail of. If the Workers indicate they wish to change from their current arrangement the Employer should engage with them to facilitate that in a timely manner.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AM	______________________
15 October 2025	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be in writing and addressed to Ms Áine Maunsell, Court Secretary.