Labour Court Database __________________________________________________________________________________ File Number: CD88518 Case Number: LCR12031 Section / Act: S20(1) Parties: ST. JOHN OF GOD HOSPITAL, STILLORGAN - and - IRISH NATIONAL UNION OF VINTNERS', GROCERS' AND ALLIED TRADES';ASSISTANTS |
Conditions of employment of one worker.
Recommendation:
Claim (a) - hours of work:
7. The Court recommends that the worker be given a fair and
equitable share of available overtime.
Claim (b) - calculation of holiday and sickness pay:
8. The Court sees merit in this claim and recommends its
concession.
Division: CHAIRMAN Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88518 RECOMMENDATION NO. LCR12031
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ST. JOHN OF GOD HOSPITAL, STILLORGAN
and
IRISH NATIONAL UNION OF VINTNERS', GROCERS' AND ALLIED TRADES'
ASSISTANTS
SUBJECT:
1. Conditions of employment of one worker.
BACKGROUND:
2. The Union sought to raise a number of issues with the Employer
relating to the worker's employment. However, no meeting was
forthcoming and the Union referred the matter to a Rights
Commissioner. The Employer did not agree to have the matters
dealt with by a Rights Commissioner but did agree to discuss them
with the Union at a meeting on 26th April, 1988. At that meeting
the Employer informed the Union that it would consider the issues
raised and formally respond. However, it was not until 7th June,
1988 that the Employer wrote to the Union stating that no
adjustment could be made to the worker's working arrangements.
The Union, therefore, referred the matters to the Labour Court
under Section 20(1) of the Industrial Relations Act, 1969 and
undertook to be bound by the decision of the Court. A Court
investigation into the dispute was held on 2nd September, 1988.
The Employer was not represented at the hearing.
Claim (a) - hours of work:
BACKGROUND:
3. 1. The worker was originally employed as a part-time/relief
sales assistant in the Stillorgan hospital shop. Subsequently
one of the two full time workers left and the worker was
offered the position. It was agreed that she would cover the
evening shift of 5 p.m. to 9 p.m., Monday to Friday and every
alternate Sunday. Subsequently for a period of seven months
the worker worked every Sunday. However the worker no longer
receives any extra hours as staff are brought up from the
coffee shop to cover the extra hours in the hospital shop.
UNION'S ARGUMENTS:
4. 1. The worker was promised first preference of any extra
hours which might arise in relation to sickness/holiday
relief. However, the hospital is bringing up workers from the
coffee shop to do extra hours and the worker is receiving no
extra hours whatsoever. Also a student has been brought in to
cover for the other worker who has retired.
2. Because of the worker's length of service and the
promise made to her, it is only fair and equitable that the
distribution of extra hours within the shop should include
her. It is unfair that all relief work or extra hours are
apportioned to staff from other departments or to students.
Claim (b) - Calculation of holiday and sickness pay:
BACKGROUND:
5. 1. The worker's working roster and gross pay over a
fortnight is as follows:-
Week Time on duty Hours Gross
pay
1 5pm - 9pm (Mon-Fri) 20 £ 75.60
2 5pm - 9pm (Mon-Fri) 20
10am - 9pm (Sun) 20 £151.20
--------
£226.80
The worker's gross weekly average is £113.40 and originally
she was paid this weekly. However at present she is paid on
the basis of actual hours worked per week (i.e. £75.60 for
week 1 and £151.20 for week 2). The Union is seeking that her
gross weekly average be used in the calculation of holiday and
sickness pay.
UNION'S ARGUMENTS:
6. 1. The method of payment was altered without any
consultation with the worker.
2. The unauthorised change in the method of payment can
have serious effects on the amount received for holiday pay
and sick pay. The Union is seeking that for these purposes
regularly rostered overtime should be reflected in these
payments and therefore the average weekly wage of £113.40 is
the appropriate figure for their calculations.
RECOMMENDATION:
Claim (a) - hours of work:
7. The Court recommends that the worker be given a fair and
equitable share of available overtime.
Claim (b) - calculation of holiday and sickness pay:
8. The Court sees merit in this claim and recommends its
concession.
~
Signed on behalf of the Labour Court
John M Horgan
22nd September, 1988 ---------------
R.B./U.S. Chairman