Labour Court Database __________________________________________________________________________________ File Number: CD89378 Case Number: LCR12533 Section / Act: S20(1) Parties: BLACKROCK CLINIC - and - A WORKER |
Claim on behalf of a hospital assistant for the payment of both a night time and Sunday allowance.
Recommendation:
4. The refusal of the Clinic's management to attend the Court
hearing limited the Court's information in this case. The Court
considers that if other employees who carry out the same night
duties as those performed by the claimant are paid a night
allowance and Sunday allowance, the same payments should be made
to the claimant.
The Court so recommends.
Division: CHAIRMAN Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD89378 RECOMMENDATION NO. LCR12533
INDUSTRIAL RELATIONS ACT 1969
SECTION 20(1)
PARTIES: BLACKROCK CLINIC
AND
A WORKER
SUBJECT:
1. Claim on behalf of a hospital assistant for the payment of
both a night time and Sunday allowance.
BACKGROUND:
2. The worker concerned has been employed as a hospital assistant
by the Clinic since November, 1987 (initially on a fixed-term
contract). He is employed on a 7 nights on, 7 nights off basis
and his current salary is #8,008 per annum. He claims that his
income is the equivalent of hospital assistants in the Clinic who
work days, Monday to Friday only, and that he receives neither a
night-time allowance nor a Sunday allowance. He initially raised
the matter with Management in January, 1989 and at subsequent
direct discussions submitted pay scales from the Eastern Health
Board showing allowances paid to hospital assistants who do night
and weekend work and also pay scales from St. Vincent's Private
Hospital and the Mater Private Hospital. The Clinic's Director
advised the claimant that he would need more information and would
revert to him in due course. As he had not received any reply by
the end of April, he referred his claim to a Rights Commissioner
for investigation and recommendation. The Clinic was not
agreeable to attending a Rights Commissioner's hearing and the
claimant subsequently referred his case to the Labour Court under
Section 20(1) of the Industrial Relations Act, 1969, agreeing
beforehand to be bound by the Court's recommendation. A Court
hearing was held on the 16th June at which the Clinic did not
attend. Prior to the hearing the Clinic's Director wrote to the
Court, informing it of his decision not to attend on the grounds
that in his view no dispute existed between the claimant and the
Clinic. At the hearing it was decided to forward a copy of the
claimant's submission to the Clinic for its observations. The
Clinic replied on the 5th July, re-iterating its contention that
no dispute existed between the parties and that furthermore the
claimant had not exhausted the Clinic's internal appeals
procedure.
WORKER'S ARGUMENTS:
3. 1. Other staff in the Clinic who work nights and Sundays,
either permanently or on an intermittent basis all receive a
night time and Sunday allowance. As the figures supplied to
the Clinic and to the Court show, those in the Eastern Health
Board and other private hospitals who work nights and weekends
are also in receipt of these allowances.
2. The claimant went through the Clinic's internal grievance
procedure but received no satisfactory response from
Management and was left with no option but to refer the matter
to a third party.
3. It is unfair that the claimant is the only permanent night
time worker in the Clinic not in receipt of these allowances,
especially considering the extent and responsibility of his
duties.
4. The Court is respectfully requested to recommend in favour
of the claimant and to recommend that the payment of the
allowances be made retrospective to November, 1987.
RECOMMENDATION:
4. The refusal of the Clinic's management to attend the Court
hearing limited the Court's information in this case. The Court
considers that if other employees who carry out the same night
duties as those performed by the claimant are paid a night
allowance and Sunday allowance, the same payments should be made
to the claimant.
The Court so recommends.
~
Signed on behalf of the Labour Court,
Kevin Heffernan
___24th___August,___1989. ___________________
D. H. / M. F. Chairman