Labour Court Database __________________________________________________________________________________ File Number: CD87286 Case Number: LCR11239 Section / Act: S67 Parties: TEMPLE STREET HOSP - and - ITGWU |
Claim on behalf of two workers for disturbance compensation.
Recommendation:
6. Having considered the submissions made, the Court is of the
opinion, that in the present stringent financial circumstances the
payment of compensation for disturbance is not warranted. The
Court does not therefore recommend compensation to Worker A, but
in the case of Worker B, the extent of the disruption suffered by
her within a relatively short period warrants a payment of #300.
Division: Mr O'Connell Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87286 THE LABOUR COURT LCR11239
CC87312 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11239
Parties: TEMPLE STREET HOSPITAL
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim on behalf of two workers for disturbance compensation.
Background:
2. St Anthony's Hospital, which was part of Temple Street
Hospital's bed complement, was closed in July, 1985 and the
workers remaining were transferred to Temple Street Hospital. The
two workers here concerned remained in the original location
working in the laundry. This laundry then catered for some of the
laundry needs of Temple Street Hospital and part of the laundry
work for St Vincent's Hospital. Worker A began work in the
Hospital in 1976 as a laundry/boilerman. Worker B started work in
the Hospital in 1967 as a laundry worker.
3. In January, 1987 the workers were informed that they were to
be transferred to the main Hospital (all laundry requirements are
now carried out by the Hospital itself). The Union, on behalf of
the workers served a claim on the Hospital for compensation for
this move. This claim was rejected by the Hospital and on 20th
February, 1987 the matter was referred to the conciliation service
of the Labour Court. A conciliation conference took place on 27th
March, 1987 at which no agreement could be reached and the matter
was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 14th May,
1987.
Union's arguments:
4. (i) Worker A, while working in St Anthony's Hospital,
reported to Temple Street Hospital each morning and
transported the laundry to St Anthony's Hospital. Due
to the increasing volume of work which resulted in him
working late he was allowed to return home with the van
each evening and so had transport to get to Temple
Street each morning. He must now report thirty minutes
earlier to the Hospital each morning, no longer has the
use of transport to get there and his overtime has been
stopped, resulting in reduced pay and extra costs. The
worker has received no compensation for these changes
and should be paid a lump sum of #600.
(ii) Worker B, lived in at the Hospital for seventeen years
until requested to move out by management in 1984 which
resulted in increased costs for her. The move to
Temple Street Hospital required expenditure on public
transport and the need to leave home earlier each
morning and arrive home later each evening. The worker
therefore found it necessary to change accommodation
once again, which has resulted in increased
expenditure.
(iii) On many occassions when a Company moves from one area
to another a disturbance payment is made to the
workers. Such a responsibility rests with the Hospital
and a fair compensation would be a week's wages for
each year of living within the precinct of the
Hospital. In a previous Labour Court Recommendation,
No. 7614 of 24th November, 1982, the Court recommended
that those being moved out of living-in accommodation
be paid #300 each.
Hospital's arguments:
5. (a) All Dublin Voluntary Hospitals are experiencing
financial difficulties. The budgetary allocations for
1987 have been significantly reduced resulting in the
need for large cost saving measures in all areas. This
Hospital's allocation for 1987 is approximately 12%
less than the amount necessary to maintain services.
(b) The Hospital is not in a position to make disturbance
payments. The Minister for the Public Service made
statements that disturbance payments should not be made
in respect of moves on or after 1st January, 1984. If
payments for disturbance were made to these workers the
other workers transferred in 1985 would also seek
compensation for moving.
(c) The decisions to close St Anthony's Hospital in 1985
and more recently to terminate the laundry arrangements
with St Vincent's Hospital were necessary in order to
cut costs. Management is of the opinion that they
acted fairly in making other positions available,
within the main Hospital.
RECOMMENDATION:
6. Having considered the submissions made, the Court is of the
opinion, that in the present stringent financial circumstances the
payment of compensation for disturbance is not warranted. The
Court does not therefore recommend compensation to Worker A, but
in the case of Worker B, the extent of the disruption suffered by
her within a relatively short period warrants a payment of #300.
~
Signed on behalf of the Labour Court
John O'Connell
-------------------
10th June, 1987
U.M./U.S. Deputy Chairman