Labour Court Database __________________________________________________________________________________ File Number: CD89311 Case Number: LCR12456 Section / Act: S67 Parties: SAINT JOSEPH'S (PRIVATE) HOSPITAL - and - FEDERATED WORKERS' UNION OF IRELAND |
Claim on behalf of approximately 32 domestic staff (4 full-time and 28 part-time) for: (a) the introduction of a pension scheme (for the part-time staff). (b) the inclusion of rostered overtime pay in the calculation of annual leave pay.
Recommendation:
9. Having regard to developments which the Union claims are
taking place in the wider health scene and also taking cognisance
of the Hospital's financial position at present, the Court does
not regard it appropriate to pursue the question of pensions for
part-time staff at this point of time. The Court therefore
recommends that this issue be postponed until the position
regarding general developments and funding for 1990 are clarified.
The Court recommends that rostered Sunday overtime be included in
the calculations for Annual Leave pay starting with year 1989/90.
Division: CHAIRMAN Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89311 RECOMMENDATION NO. LCR12456
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SAINT JOSEPH'S (PRIVATE) HOSPITAL
(Represented by the Federated Union of Employers)
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim on behalf of approximately 32 domestic staff (4
full-time and 28 part-time) for:
(a) the introduction of a pension scheme (for the part-time
staff).
(b) the inclusion of rostered overtime pay in the
calculation of annual leave pay.
BACKGROUND:
2. The hospital is a private hospital and is funded almost
entirely by the VHI. The Union served both claims by letter dated
the 13th January, 1989. The hospital replied on the 30th January,
rejecting both claims, mainly because their concession would be
too costly. On the 1st February the Union referred the matter to
the conciliation service of the Labour Court. A conciliation
conference on the 2nd May (earliest date suitable to the parties)
failed to resolve the issues and the matter was referred to the
Labour Court for investigation and recommendation. A Court
hearing was held on the 20th June, 1989.
Claim (a) - the introduction of a pension scheme for 28 part-time
domestic staff.
BACKGROUND:
3. Following discussions over a number of years (claim first
raised in 1984) a pension scheme for full-time domestic staff in
the hospital was introduced in 1988. The Union is now seeking to
have the part-time staff included in a pension scheme.
UNION'S ARGUMENTS:
4. 1. The Court has, in previous recommendations, ruled in
favour of the introduction of pro-rata pension arrangements
for permanent part-time staff employed in the health services
and other public services (specifically LCR7672 and
LCR9284 refer).
4. 2. As a result of these Labour Court recommendations,
discussions were held between the Irish Congress of Trade
Unions and officials from the Departments of Finance and
Health on the issue of pay and conditions for part-time
workers in the health service. These discussions are now
nearing completion and the Union would like to see the
principle contained in those recommendations extended to the
claimants.
3. At the conciliation conference the Union suggested that
in order to examine Management's concern over costings an
agreed pension consultant be requested to examine the
following pension options:-
(a) a contributory scheme
(b) a non-contributory scheme
(c) an ex-gratia scheme similar to that in operation in
the Voluntary Hospitals.
Management however, rejected this proposal.
MANAGEMENT'S ARGUMENTS:
5. 1. In the present circumstances the Hospital cannot afford
any cost increasing claims. As a private hospital, it has no
option but to co-operate with the Voluntary Health Insurance
Recovery Plan. This means that it must forego any increase in
hospital charges and accept a cash limit in payments from the
VHI, at the same level as 1988 (these constraints to apply for
a 1.5 year period to the end of June, 1990), The position
after June, 1990, remains unclear.
2. While hospital charges remain at 1988 levels, wages and
salaries have increased in accordance with the Programme for
National Recovery. This situation will be further exacerbated
when Phase II applies from January, 1990. Non-wage costs are
increasing at a level of approximately 3.5% while the upper
cash limit in VHI payments effectively means that extra
revenue cannot be generated.
3. Percentage bed occupancy figures have actually decreased
in 1989 (details supplied to the Court). It is unreasonable
to compare a small private hospital (with 69 beds) with
Eastern Health Board hospitals which are funded by the State.
4. As the introduction of a pension scheme for part-time
staff will have a cost implication which in Management's view
cannot be borne, it would appear unnecessary to commence an
evaluation exercise which would certainly lead to expectations
that a scheme will be introduced.
5. 5. Part-time non-nursing staff do not enjoy pension schemes
in the private health care area and Management is not aware of
any other private hospital providing a pension scheme for this
category of staff.
Claim (b) - the inclusion of rostered overtime pay in the
calculation of annual leave pay.
BACKGROUND:
6. The workers involved work a certain amount of rostered
overtime on Sundays and Bank Holidays etc. (approximately one
third of the people are needed to provide cover). The Union is
seeking to have average overtime earnings included in the
calculation of holiday pay.
UNION'S ARGUMENTS:
7. 1. The workers are usually rostered to carry out duties on
every second Sunday. The Court, in previous recommendations
on similar cases, has indicated that this payment should be
conceded (details supplied to the Court).
2. The claimants have the same pay as their counterparts
employed in the Eastern Health Board. Regularly rostered
overtime is included in the calculation of the holiday pay of
full-time and part-time workers in the EHB. Fairness and
equity require that this claim be conceded.
MANAGEMENT'S ARGUMENTS:
8. 1. Domestic staff in the Hospital have a six day
commitment. A premium is paid for work on a Saturday and this
premium is included in their holiday payment.
2. Approximately one third of the domestic staff are
required to work on Sunday. While this overtime is rostered,
it is done on a voluntary basis and the agreed rate for this
work is double time.
3. Management contend that the additional cost associated
with conceding this claim is not justified in the present
circumstances and that it is operating in accordance with the
provisions of the Holidays (Employees) Act, 1973.
4. The arguments made at 5.1 and 5.2 above in relation to
the pension issue also apply in the rejection of this claim.
RECOMMENDATION:
9. Having regard to developments which the Union claims are
taking place in the wider health scene and also taking cognisance
of the Hospital's financial position at present, the Court does
not regard it appropriate to pursue the question of pensions for
part-time staff at this point of time. The Court therefore
recommends that this issue be postponed until the position
regarding general developments and funding for 1990 are clarified.
The Court recommends that rostered Sunday overtime be included in
the calculations for Annual Leave pay starting with year 1989/90.
~
Signed on behalf of the Labour Court
Kevin Heffernan
6th July, 1989 ----------------
D.H./U.S. Chairman