Labour Court Database __________________________________________________________________________________ File Number: CD86523 Case Number: LCR10760 Section / Act: S67 Parties: MATER HOSPITAL - and - AEU (ES) |
Claim, on behalf of two mechanical fitters, for compensation for loss of shift earnings and overtime.
Recommendation:
5. The Court recommends that the claimants should be paid a sum
of #2,500 in compensation for loss of earnings.
In view of the financial position of the Hospital, the Court
further recommends that the compensation be paid in two phases,
the first phase of #1,250 in December, 1986 and the second phase
in May, 1987.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86523 THE LABOUR COURT LCR10760
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10760
Parties: MATER HOSPITAL
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
AMALGAMATED ENGINEERING UNION
Subject:
1. Claim, on behalf of two mechanical fitters, for compensation
for loss of shift earnings and overtime.
Background:
2. In January, 1985 the Union sought a meeting to discuss loss of
earnings by two mechanical fitters arising from the introduction
of a new boiler house on 4th January, 1985. This was quantified
at #40.17 per week in loss of overtime and #14.54 in loss of shift
payment. No agreement having been reached in the meantime the
matter was referred to the conciliation service of the Labour
Court on 13th June, 1986 and a conciliation conference took place
on 26th June, 1986. Again, no agreement was reached, the Hospital
being unwilling to pay compensation, and the matter was referred
to a full hearing of the Court. The hearing took place on 25th
September, 1986.
Union's arguments:
3. (i) The Union quantifies the loss of shift payment for the
twenty-one months up to 1st October, 1986 to be
#1,412.59 (details supplied to the Court).
(ii) There has been a loss of structured overtime of
approximately 10 hours per week, which, at a payment
of #4.35 per hour amounts to #2,261.22 per annum.
(iii) Precedents exist within the Health Service for
compensation for loss of earnings.
(iv) The workers concerned have co-operated with the
introduction of new technology and re-organisation of
shift and have experienced poor working conditions
during the transitional period.
Hospital's arguments:
4. (a) Craftsmen within the voluntary hospitals covered by
the standard agreement and paid under that agreement
are subject to the possibility of having their shifts
changed.
(b) The hospital services are under a period of rapid
change and are at the same time suffering from severe
cut backs due to the current financial circumstances.
Consequently, any resources which are available to the
Hospital are being utilised for the benefit of the
services. Furthermore, the Hospital is currently
involved in a major expansion programme which will
further improve the services being provided and will
also result in additional employment. Due to the
change in circumstances and the severe cut backs which
are being imposed, there are many grades who are
experiencing a change in their conditions of
employment.
(c) Throughout the Health Service there are many areas
where changes have been imposed for various reasons
and these have not always automatically meant that
people should get compensation. In this particular
instance these changes have meant that an additional
fitter will be employed by the Hospital and
furthermore the overall service which is being
provided by the Hospital will be improved.
(d) The Hospital is not in a financial position to pay out
compensation to the craftsmen. Furthermore, the
Department of Health, which has a close financial link
with the Hospital, is not itself in a position to pay
such compensation.
RECOMMENDATION:
5. The Court recommends that the claimants should be paid a sum
of #2,500 in compensation for loss of earnings.
In view of the financial position of the Hospital, the Court
further recommends that the compensation be paid in two phases,
the first phase of #1,250 in December, 1986 and the second phase
in May, 1987.
~
Signed on behalf of the Labour Court
Evelyn Owens
____20th___October, 1986. ___________________
A. K. / J. C. Deputy Chairman.