Labour Court Database __________________________________________________________________________________ File Number: CD87906 Case Number: LCR11668 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of a worker for compensation for loss of overtime earnings.
Recommendation:
10. The Court accepts the Boards contention that it was clear
that the overtime worked by the claimant on the sewerage plant
would come to an end when the connection was made to the Cork
Corporation System. The fact that this took 10 years was outside
the control of the Board.
In the circumstances and taking into account the financial
position of the Board the Court does not recommend concession of
the claim.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD87906 RECOMMENDATION NO. LCR11668
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SOUTHERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of a worker for compensation for loss of
overtime earnings.
BACKGROUND:
2. The worker concerned commenced employment with Mount Alvernia
Hospital, Mallow in 1966. In 1977, at the request of the Board,
he transferred to Cork Regional Hospital as a boilerman. In 1979
the duties of the boilerhouse were taken over by plumbers and
the worker was given responsibility for operating the sewerage
treatment plant.
3. This post involved a 48 hour week i.e. Saturday overtime. Due
to cut backs in the Health Boards this overtime was reduced to 4
hours a week in 1983.
4. In 1987, as part of the Cork main Drainage Scheme an
interceptor sewer was introduced which rendered the Regional
Hospital plant obsolete. The worker concerned was transferred to
groundsman duties at the Hospital in August, 1987.
5. He is employed on a 40 hour week basis and there is no
requirement for him to work overtime.
6. The Union lodged a claim for compensation for loss of overtime
earnings to take into account the loss of all bank holidays on
which the worker was required to work as well as the Saturday
overtime.
7. The claim was rejected by the Health Board and the matter was
referred to the conciliation service of the Labour Court on 10th
September, 1987. A conciliation conference was held on 18th
November, 1987. As no agreement was reached both parties agreed
to refer the matter to the Labour Court for investigation and
recommendation. A Court hearing was held in Cork on 15th
December, 1987.
UNION'S ARGUMENTS:
8. 1. The Saturday overtime hours were regular and rostered and
were a necessary part of maintaining the sewerage system for
the Hospital. Were it not for the introduction of the
interceptor the worker would have continued to enjoy these
earnings as he had done since 1977.
2. The worker would have not transferred to the Regional
Hospital in 1977 were it not for the fact that there was
regular rostered overtime. In doing so he incurred
additional costs as he has now to travel further to work from
home..
3. The worker has a family of 5 children and over the past
ten years has based his living standards on the regular
overtime earnings which he enjoyed. The withdrawal of the
overtime has seriously eroded his living standards.
4. The cut back in overtime in this case was not taken for
financial reasons. The Board has made considerable savings
in operational costs and these savings will be ongoing. The
claim for compensation for loss of earnings could be met out
of these savings.
BOARD'S ARGUMENTS:
9. 1. The claim was rejected on the basis that no guarantee
could be given to any employee that overtime working or bank
holiday working would continue indefinitely. While it is
accepted that the work on the sewerage plant lasted for 10
years the matter of the connection to the main drainage was
outside the control of the Board. However it was clear to
the Board and to the worker concerned that the work on the
sewerage plant would cease as soon as it was connected to the
Cork Corporation System.
2. As a result of financial constraints in recent years the
Board has been forced to eliminate overtime wherever possible
and this has been done to a great extent. Psychiatric Nurses
and trades staff, both of whom did enjoy considerable
overtime had their overtime discontinued in recent times
without any compensation.
3. The Board has no funds from which any such compensation
could be paid and the Board requests the Court to recommend
against the Union's claim.
RECOMMENDATION:
10. The Court accepts the Boards contention that it was clear
that the overtime worked by the claimant on the sewerage plant
would come to an end when the connection was made to the Cork
Corporation System. The fact that this took 10 years was outside
the control of the Board.
In the circumstances and taking into account the financial
position of the Board the Court does not recommend concession of
the claim.
~
Signed on behalf of the Labour Court
29th January, 1988 Evelyn Owens
M.D./P.W. Deputy Chairman