Labour Court Database __________________________________________________________________________________ File Number: CD87628 Case Number: LCR11443 Section / Act: S67 Parties: JAMES CONNOLLY MEMORIAL HOSP. - and - ITGWU |
Claim for compensation for loss of overtime earnings on behalf of 2 workers.
Recommendation:
5. The Court notes that the loss of overtime for the claimants
arose directly as a result of the financial constraints under
which the Hospital is presently operating. However in view of the
circumstances of the claimants and the fact that the losses derive
from the abolition of regular rostered compulsory overtime the
Court recommends a payment of #500 each.
Division: Ms Owens Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87628 THE LABOUR COURT LCR11443
CC871040 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11443
Parties: JAMES CONNOLLY MEMORIAL HOSPITAL
(REPRESENTED BY THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim for compensation for loss of overtime earnings on behalf
of 2 workers.
Background:
2. The workers concerned are a pathology technician and
laboratory post-mortem attendant in the laboratory of the
Hospital. On the 1st June, 1987 through their Union, they were
informed that from 23rd June, 1987 the overtime which they worked
would be discontinued. The Union sought restoration of the
overtime and compensation for the period during which overtime was
not worked or a lump sum payment. This claim was rejected at a
local meeting on 23rd June, 1987. The matter was referred to the
conciliation service of the Labour Court on 25th June, 1987. A
conciliation conference was held on 14th August, 1987 at which no
progress was possible. Both parties agreed to a referral to the
Labour Court for investigation and recommendation. A Court
hearing was held on 10th September, 1987.
Union's arguments:
3. (a) The overtime was regular and rostered and the workers
concerned were obliged to work the overtime. The
losses incurred are substantial (details supplied to
the Court).
(b) The workers concerned had an expectation that their
levels of earnings would remain unaltered and as a
result entered into certain financial commitments on
that level of pay. The haste with which this well
established overtime working was withdrawn, left the
workers with no time to adjust to their new position.
The Court will be aware from previous submissions the
difficulties experienced by low paid workers when their
earnings have been drastically reduced.
(c) The concept of compensation for loss of earnings has
been well established by the Labour Court (LCR Numbers
10164, 9057, 8460, 8668, 10011, 10236 and 107260
refer). As can be seen from these examples the health
boards have paid compensation for loss of overtime
earnings.
Hospital's arguments:
4. (i) Both workers enjoy good pay and conditions. They still
have an opportunity to earn some overtime payments from
call out duties (details supplied to the Court). All
grades of staff in the Hospital have been affected by
cutbacks where overtime has either been eliminated or
reduced in most other departments. Concession of this
claim would give rise to an expectation of compensation
from these workers thus negating the Hospital's efforts
to cut costs and maintain essential services and jobs.
(ii) The Hospital in common with all other hospitals, health
boards and agencies is experiencing unprecedented
budgetary difficulties. James Connolly Memorial
Hospital for its part has a cumulative deficit of #1.6
million to the end of 1986. The allocation for 1987
amounts to #9.3 million, which represents a shortfall
of #2.3 million on the estimated cost of running the
service. It has been made abundantly clear by the
Department of Health that no extra money will be made
available over and above the amount allocated for this
year.
(iii) The Labour Court in a number of similar cases has
rejected claims for compensation where overtime has
been eliminated on economic grounds (Labour Court
Recommendation Nos. 9096, 10632, 10695, 11,303 refer).
RECOMMENDATION:
5. The Court notes that the loss of overtime for the claimants
arose directly as a result of the financial constraints under
which the Hospital is presently operating. However in view of the
circumstances of the claimants and the fact that the losses derive
from the abolition of regular rostered compulsory overtime the
Court recommends a payment of #500 each.
~
Signed on behalf of the Labour Court
Evelyn Owens
_____________________
Deputy Chairman.
30th September, 1987.
M.D./J.C.