Labour Court Database __________________________________________________________________________________ File Number: CD8749 Case Number: LCR11174 Section / Act: S67 Parties: MID WESTERN HEALTH BOARD - and - ITGWU;ITGWU |
Claim on behalf of two workers for compensation for loss of overtime.
Recommendation:
5. The Court, having regard to the particular circumstances of
the case, recommends that the claimants be paid #200 each in full
and final settlement of this claim.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD8749 THE LABOUR COURT LCR11174
CC861848 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11174
Parties: MID WESTERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim on behalf of two workers for compensation for loss of
overtime.
Background:
2. The workers concerned are employed at the Ennis General
Hospital, one as a General Operative and the other as a
Driver/Attendant. Prior to the closure of Edenvale Geriatric
Hospital in November, 1985 the workers carried out duties there at
weekends on an overtime basis. Upon closure of that hospital the
workers were no longer required to perform those duties. The
Union served a claim on the Board for compensation for the loss of
earnings to the two workers as a result of that closure. The
Board rejected this claim. As no agreement could be reached at
local level the matter was referred to the conciliation service of
the Labour Court. No basis for a settlement could be reached at a
conciliation conference held on 13th January, 1987 and the matter
was referred to the Labour Court for investigation and
recommendation. Due to the unavailability of one or other of the
parties a Court investigation was not held until 8th April, 1987
in Limerick.
Union's arguments:
3. (i) The workers have been working this overtime between
them for fifteen years and one of them has been doing
it for thirty years. They had become accustomed to a
certain level of earnings. The Union is therefore
seeking compensation to the value of #2,500 which is
equivalent to one and a half times the annual loss.
(ii) These workers were treated less favourably than other
grades in Edenvale Hospital upon its closure.
(iii) The concept of compensation for loss of earnings has
been well established by the Labour Court both in the
Mid Western Health Board and in other Health Boards and
Hospitals (Recommendations No. 10164, 9057, 8460, 8668,
10011 and 10236 refer).
(iv) The Court is aware of difficulties experienced by low
paid workers when their earnings are reduced.
(v) The overtime referred to by the Board, which the
workers have done since the closure of Edenvale
Hospital was on a once-off project and it is unlikely
that such overtime will be available in the future.
(vi) This is not a major claim and will not add
substantially to the Board's financial burden.
Board's arguments:
4. (a) The overtime was not performed on a regular rotational
basis by each worker but rather on an intermittent
basis (details supplied to the Court).
(b) Overtime has not ceased for the workers concerned.
Their overtime earnings did not fall substantially in
the 12 months following the closure of Edenvale
Hospital (details supplied).
(c) The two workers have secure pensionable employment at a
time of high unemployment in the state. The Board
considers that priority in the application of its
limited resources should be given to preserving
employment levels and endeavouring to avoid reductions.
(d) The savings resulting from the closure of Edenvale
Hospital have been used to help fund two new units
elsewhere. There is no question of any net saving
accruing to the Board.
(e) The Court has rejected similar claims in the past
(Recommendations No. 9096 and 10695 refer).
(f) The Board is in a serious financial situation and will
have to undertake major cutbacks in expenditure as a
result of the reduction in its allocation for 1987
(details supplied to the Court).
RECOMMENDATION:
5. The Court, having regard to the particular circumstances of
the case, recommends that the claimants be paid #200 each in full
and final settlement of this claim.
~
Signed on behalf of the Labour Court
John M Horgan
8th May, 1987 ----------------
R.B./U.S. Chairman