Labour Court Database __________________________________________________________________________________ File Number: CD89385 Case Number: LCR12498 Section / Act: S67 Parties: SOUTH EASTERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of a worker for compensation for loss of earnings.
Recommendation:
7. The Court in the light of the submissions made is satisfied
that the loss of earnings of the worker concerned arose directly
from the financial restrictions placed on the Board and does not
therefore recommend concession of the Union's claim.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89385 RECOMMENDATION NO. LCR12498
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SOUTH EASTERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of a worker for compensation for loss of
earnings.
BACKGROUND:
2. The worker concerned was employed for 20 years as a ward
orderly at Brownswood Hospital Enniscorthy, up to its closure in
1987. It was one of five hospitals to be closed as part of a cost
cutting exercise in the South Eastern Region. He was in receipt
of a basic wage plus premium payments for late night and weekend
working.
3. Following the closure of Brownswood Hospital the worker was
redeployed to St. Senan's Hospital Enniscorthy as a general
operative on the same basic wage. His new duties do not involve
any late night or weekend working and accordingly he is no longer
in receipt of premium earnings. The Union lodged a claim for
compensation of 3 times the annual loss. The Board rejected the
claim.
4. The matter was referred to the conciliation service of the
Labour Court on 15th January, 1989. A conciliation conference was
held on 29th March, 1989. As no agreement was possible both
parties consented to a referral to the Labour Court for
investigation and recommendation. A Court hearing was held in
Arklow on the 18th July, 1989.
UNION'S ARGUMENTS:
5. 1. During the course of negotiations the worker concerned was
offered an alternative position in the county hospital in
Wexford. This was totally unsuitable as it would mean a round
trip of 30 miles a day. The worker has no transport of his
own nor is there any public transport and therefore he would
have no means of getting to and from work. He was also
offered an alternative position in St. Johns Hospital
Enniscorthy but for personal and health reasons he was unable
to avail of this offer.
2. The worker has undergone a traumatic experience with a
sizeable reduction in income (details supplied to the Court)
and the upheaval of changing jobs. He has given over 20 years
loyal and conscientious service to the Health Board and he
should therefore be compensated for his losses.
BOARD'S ARGUMENTS:
6. 1. The Court has on previous occasions upheld management's
position where loss of earnings arose because of cutbacks
imposed and the need to achieve savings to remain within the
allocation.
2. Every effort has been made by the Board to accommodate
this staff member and a total of 3 offers were made, two of
which would have preserved a level of premia earnings.
3. In 1987, 1988 and 1989 a total of #15.5m was taken out of
the Board's allocation which resulted in the closure of 6
hospitals and the redeployment of upwards of 160 staff.
Further redeployment will arise during 1989 because of cost
cutting measures and the expectation of compensation from
other employees would have serious repercussions for the
Board.
4. The Board considers that priority should be given to
preserving employment levels and to endeavouring to avoid
further reductions in the level of services available to
patients. In conclusion the Board is therefore not in a
position to pay compensation for loss of earnings because of
its difficult on-going financial position.
RECOMMENDATION:
7. The Court in the light of the submissions made is satisfied
that the loss of earnings of the worker concerned arose directly
from the financial restrictions placed on the Board and does not
therefore recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
3rd August, 1989 Deputy Chairman.
M.D./J.C.