Labour Court Database __________________________________________________________________________________ File Number: CD87130 Case Number: LCR11096 Section / Act: S67 Parties: WOMEN'S AID - and - LGPSU |
Claim, on behalf of a worker for an improvement in wages.
Recommendation:
5. The Court recommends that the claimant be paid 50% of the
difference between her current rate of pay and the minimum of the
domestic rate in the Eastern Health Board from the 1st March,
1987, and the balance of the difference should be paid from the
date the premises at Howth Road re-open as a hostel.
The Court also recommends that a charge for rent on the scale
applicable to domestics in the Eastern Health Board should also be
renewed from 1st March, 1987.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD87130 THE LABOUR COURT LCR11096
CC861876 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11096
PARTIES: WOMEN'S AID
AND
LOCAL GOVERNMENT AND PUBLIC SERVICES' UNION
Subject:
1. Claim, on behalf of a worker for an improvement in wages.
Background:
2. The worker concerned has been involved with the Women's Aid
Organisation for over eight years, and at present is employed as a
housekeeper in the Organisation's Howth Road premises. The Union
has sought an improvement in wages for the worker from the present
wage of #86.24 per week to the current domestic rate in the
Eastern Health Board (EHB) of #122.51. The other six staff in the
Organisation have wage rates in line with the equivalent E.H.B.
grades. The E.H.B., in effect, funds the salary element of the
Organisation's costs through Section 65 grants.
On 12th November, 1986, the Union referred the matter to the
conciliation services of the Labour Court. At a conciliation
conference on 10th February, 1987, (an earlier date being
cancelled), the Union indicated that its main concern was to
improve the wages of the worker and was prepared to consider
several options, such as phasing, to achieve the domestic rate.
Women's Aid felt that no consideration could be given to the claim
until the future of Howth Road premises is resolved. This
premises which is owned by the E.H.B. is currently closed whilst
undergoing refurbishment. Women's Aid, on the re-opening of the
Howth Road premises were willing to then seek to negotiate with
the E.H.B. on the level of the workers salary. As no agreement
could be reached the parties, on 12th February, 1987, referred the
issue to the Labour Court for investigation and recommendation. A
Court hearing took place on 13th March, 1987.
Union's arguments:
3. (a) The worker has been employed by Women's Aid for eight
years. Her job is that of general housekeeping and she
is also responsible for looking after families, living
on premises, at night. She has to ensure that husbands
cannot cause trouble and if any of the inhabitants are
in any way emotionally upset, she must calm them down.
The work carried out goes far beyond the normal range
of duties expected of a housekeeper in the E.H.B.
(b) The Union seeks the domestic's rate of pay as it feels
that it is the most appropriate one, taking into
account that Women's Aid is a small Organisation. The
job of the worker concerned compares, without doubt, to
that of a domestic. The other staff in the
Organisation are linked to the E.H.B. grades, for pay
purposes. The Union merely requests the Organisation
to be consistent and to apply the appropriate E.H.B.
scale to the worker.
(c) It is totally unjust to allow the situation to go on
where the worker is paid #86 per week when one
considers that the Social Employment Scheme personnel
receive more than #70 per week for only a half week's
work.
(d) In other organisations, funded in a similar manner by
the E.H.B., negotiations have concluded whereby the
employer reached agreement with the Union and the
agreements have been honoured. The Union does not
accept the argument made by Women's Aid regarding the
inability to implement an increase because of lack of
funding. The increase would cost about #1,600 per year
and the Union is prepared to accept phased
implementation.
Organisation's arguments:
4. (i) The work actually carried out by the worker is basic
cleaning work, which should in fact be carried out by
the women who are catered for in the refuge. The
idea of the refuge is self-help and the person in
charge at any given time, has a brief to ensure that
the women are given shelter and carry out the
housekeeping work necessary. Therefore, the duties
of the housekeeper do not encompass the full range of
such a job.
(ii) The E.H.B. fund the wages element of Women's Aid
costs. They have already agreed, in October, 1986,
that the worker's rate should be adjusted to the
current rate of #86, with appropriate back money for
a two year period. The E.H.B. would be unwilling to
increase the grant at this time and quite simply,
Women's Aid cannot afford to increase it's debt to
meet an increase in the rate of pay.
(iii) The worker enjoys the facilities of living on the
premises and this factor should be taken account of.
If one was to concede the full rate of pay, then
offset against that would have to be a commercial
rent for the rooms which she occupies in the
premises.
(iv) In the light of the limited duties which the
worker is asked to do and that which she is capable
of doing because of illness, it is not appropriate
that she be designated as a domestic and paid the
appropriate rate. Women's Aid believe that it is
appropriate that she continues at her current rates
of pay and enjoys the benefits which accrue to her by
her involvement in the Organisation.
RECOMMENDATION:
5. The Court recommends that the claimant be paid 50% of the
difference between her current rate of pay and the minimum of the
domestic rate in the Eastern Health Board from the 1st March,
1987, and the balance of the difference should be paid from the
date the premises at Howth Road re-open as a hostel.
The Court also recommends that a charge for rent on the scale
applicable to domestics in the Eastern Health Board should also be
renewed from 1st March, 1987.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___________________
6th_April,____1987.
B. O'N. / M. F. Deputy Chairman.