Labour Court Database __________________________________________________________________________________ File Number: CD89482 Case Number: LCR12509 Section / Act: S67 Parties: BEAUMONT HOSPITAL - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION;FEDERATED WORKERS' UNION OF IRELAND;MANUFACTURING SCIENCE AND FINANCE |
Claim on behalf of eight night porters for compensation for loss of earnings.
Recommendation:
5. In the light of the submissions made by the parties it is
clear to the Court that the decision by management to reduce the
number of porters in attendance during certain periods of the
roster arose directly out of the stringent financial circumstances
under which the Hospital is required to operate and does not
therefore qualify for any payment of compensation for the losses
arising thereby.
Accordingly, the Court does not recommend concession of the
Union's claim.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89482 RECOMMENDATION NO. LCR12509
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BEAUMONT HOSPITAL
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
FEDERATED WORKERS' UNION OF IRELAND
MANUFACTURING SCIENCE AND FINANCE
SUBJECT:
1. Claim on behalf of eight night porters for compensation for
loss of earnings.
BACKGROUND:
2. There are eight night porters employed by the Hospital. Seven
are required to be on duty on all nights when the Hospital is "on
call" and five when the Hospital is not "on call" on week nights
(Monday to Friday). Since the Hospital opened (1987) five porters
have been required to be on duty when the hospital is not "on
call" on Saturday and Sunday nights. The hospital in March, 1989
informed the Union of its intention to reduced the weekend "off
call" cover from five to four. The Union sought compensation for
loss of earnings. The matter was referred to the conciliation
service of the Labour Court on 18th May, 1989. A conciliation
conference was held on the 30th June, 1989. As no agreement was
reached the matter was referred on 3rd July, 1989 to a full
hearing of the Labour Court. The hearing took place on 21st July,
1989.
UNIONS' ARGUMENTS:
3. 1. The majority of the porters concerned have been working
under the existing arrangements for at least five years.
These workers have one of the most difficult jobs in the
Hospital in being on a permanent night roster.
2. The financial loss to the workers is #92/#104 for each
occasion on which they are not required to work. This could
amount to as much as #1000 per annum. The potential loss is
considerable and will have implications for their lifestyles
and that of their families.
3. The Court has conceded a number of similar claims (details
supplied).
MANAGEMENT'S ARGUMENTS:
4. 1. The level of activity in the hospital on "off call"
weekend nights does not warrant five staff on duty.
2. The claim for compensation for loss of earnings cannot be
conceded given the Hospital's critical financial difficulties.
(Details were supplied to the Court of the economy measures
taken to date which include reduced overtime and
rationalisation of services in many areas).
3. The Hospital has rejected all claims for compensation for
loss of earnings as a result of loss of night, weekend or
overtime work. The Labour Court has also rejected a number of
similar claims (details supplied).
4. Concession of the claim could have repercussive effects.
RECOMMENDATION:
5. In the light of the submissions made by the parties it is
clear to the Court that the decision by management to reduce the
number of porters in attendance during certain periods of the
roster arose directly out of the stringent financial circumstances
under which the Hospital is required to operate and does not
therefore qualify for any payment of compensation for the losses
arising thereby.
Accordingly, the Court does not recommend concession of the
Union's claim.
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Signed on behalf of the Labour Court
John O'Connell
__________________________
11th August, 1989 Deputy Chairman.
A.K./J.C.