Labour Court Database __________________________________________________________________________________ File Number: CD86694 Case Number: LCR11062 Section / Act: S67 Parties: SIR PATRICKS DUNNS HOSPITAL - and - ITGWU |
Claim for redundancy severance terms for four portering and household staff.
Recommendation:
6. Since the circumstances in this case were originally similar
to those which prevailed on the closure of Mercers Hospital, the
Court recommends payment to the workers concerned of two weeks'
gross pay per year of service in addition to their statutory
entitlements.
Division: Mr O'Connell Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD86694 THE LABOUR COURT LCR11062
CC861379 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11062
Parties: SIR PATRICK DUN'S HOSPITAL
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim for redundancy severance terms for four portering and
household staff.
Background:
2. As part of the rationalisation of hospital services in the
Dublin area, Sir Patrick Dun's Hospital was closed on the 29th
August, 1986, and the hospital staff were transferred to positions
in either St. James's Hospital, the Meath, Adelaide or the Royal
City of Dublin. However, the four workers here concerned turned
down offers of alternative employment mainly for personal and
domestic reasons but also because they felt that Management could
not ensure similar rates of pay and conditions of employment.
This latter point was rejected by Management. The Union claimed
that as appropriate alternative employment could not be found, a
redundancy situation existed but Management rejected this and
contended that the claimants had terminated their own employment
by refusing to accept alternative positions. As no agreement
could be reached at local level, the matter was referred
to the conciliation service of the Labour Court on the 20th
August, 1986. No agreement could be reached at a conciliation
conference held on the 25th August and the matter was referred to
the Labour Court on the 27th August, for investigation and
recommendation. A Labour Court hearing took place on the 15th
September, 1986, following which Labour Court Recommendation 10710
issued, which read as follows:
"The Court is of the opinion that the workers concerned
properly consider themselves to be redundant and the
Court therefore recommends that the Board pays them the
appropriate compensation."
3. The parties subsequently failed to agree on the amount of
compensation to be paid and on the 10th November, 1986, the matter
was referred to the Labour Court for investigation and
recommendation. A Court hearing was held on the 18th December but
was adjourned pending a Management attempt to find alternative
positions for the workers concerned. As this exercise failed to
resolve the issue the Court reconvened on the 23rd February, 1987.
Union's arguments:
4. (a) The four workers concerned have loyally served Sir
Patrick Dun's Hospital for a considerable period of
time (details of service supplied to the Court). This
loyalty and service should be reflected in the
redundancy terms that should be forthcoming from
Management.
(b) The disruption to the lives of the claimants cannot be
in any way overstated. All were very happy with their
employment and now find themselves unemployed, with
little prospect of finding employment. This has meant
that their domestic situation has been dramatically
changed and they can only look forward to a future of
unemployment.
(c) The claimants would have preferred to have been
re-allocated but Management could not ensure that they
would receive similar pay rates and conditions of
employment by the re-allocation.
(d) The issue before the Court is to ensure that the
redundancy terms are sufficient to compensate these
workers for the loss of their permanent pensionable
jobs as they are of an age and skill profile that will
make it impossible for them to gain employment in the
present economic climate. In relation to the amount of
severance terms involved, the Union contends that there
should be a payment of seven weeks' pay per year of
service for each member, exclusive of their statutory
entitlements (details of redundancy severance terms
applicable in industry as a whole, and in some
semi-State employments supplied to the Court).
Management's arguments:
5. (i) Management made every effort to accommodate the desires
and aspirations of all the staff employed at Sir
Patrick Dun's Hospital and indeed achieved this in
respect of the vast majority of the employees. As it
transpired however, irrespective of what offers
Management made to the four claimants, their desires
and aspirations could not be met as from a very early
date they all expressed a desire to be made redundant.
This was unacceptable to Management as in its view,
alternative employment was being provided to the
claimants.
(ii) While Management still maintain that the offers of
alternative employment were fair and reasonable, it
accepts the Court's recommendation that these workers
be classified as being made redundant. The Court
however, will be fully aware of the current state of
the national finances and in particular the financing
of the health services. Health agencies have in recent
years been forced to implement severe economy measures
in attempting to stay within their allocations
and a major objective in such measures has been the
preservation of jobs. Against such a background it is
very disappointing to have staff who not only reject
Management's efforts at finding them alternative
employment but who also demand redundancy payments
which are excessive and unrealistic. For these reasons
Management asks the Court to find that the only
compensation which should be afforded to them is their
statutory entitlements.
RECOMMENDATION:
6. Since the circumstances in this case were originally similar
to those which prevailed on the closure of Mercers Hospital, the
Court recommends payment to the workers concerned of two weeks'
gross pay per year of service in addition to their statutory
entitlements.
~
Signed on behalf of the Labour Court
John O'Connell
___________________________
Deputy Chairman
13th March, 1987
D.H./J.C.