Labour Court Database __________________________________________________________________________________ File Number: CD89508 Case Number: AD8970 Section / Act: S13(9) Parties: SOUTHERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Appeal by the Board against Rights Commissioner's recommendation GC 26/89 concerning compensation.
Recommendation:
5. The Court having considered the submissions of the parties
finds no grounds to amend the recommendation of the Rights
Commissioner and accordingly rejects the appeal.
The Court so decides.
Division: MrMcGrath Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD89508 APPEAL DECISION NO. AD7089
INDUSTRIAL RELATIONS ACT, 1969
SECTION 13(9)
PARTIES: SOUTHERN HEALTH BOARD
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Appeal by the Board against Rights Commissioner's
recommendation GC 26/89 concerning compensation.
BACKGROUND:
2. The worker concerned commenced employment with the Board in
May, 1980. She worked as an attendant at Caharciveen Hospital and
was required as part of her conditions of employment to work
weekends. The worker fell ill in November, 1988 and was absent
until February 1989. When she resumed duty she was advised that
the rota for week-end working had been altered (she now works 2
out of 3 Sundays) and the worker suffered a loss of earnings as a
result. The Union accepts the new roster, but claimed
compensation for the loss. The Board rejected the claim. The
dispute was referred to a Rights Commissioner for investigation
and recommendation on the 4th July, 1989. On the 12th July, 1989
the Rights Commissioner issued his recommendation as follows:-
"..I recommend that the Board make a once off payment of
#1,000 to the worker in lieu of her loss of earnings due
to the change in working conditions."
The worker was named in the Rights Commissioner's recommendation.
The Board rejected the recommendation and on the 18th July, 1989
appealed it to the Labour Court under Section 13(9) of the
Industrial Relations Act, 1969. A Court hearing was held in
Killarney on the 27th September, 1989.
UNION'S ARGUMENTS:
3. 1. The worker concerned was required by the Board to work all
weekends Saturday and Sunday in the kitchen of the Hospital.
She is also paid an acting up allowance for covering the
cook's duties when the cook is absent. The cook and another
attendant worked alternate weekends between themselves.
Approximately 12 months prior to the worker's illness, the
cook requested permission from the supervisor to be allowed
work every weekend for a 12 months period. The other
attendant was agreeable.
2. As a result of this arrangement the cook and the employee
concerned worked every weekend. When the worker fell ill in
November, 1988, the other attendant then covered her weekend
duty. When she returned to work in February, 1989 it was
evident that the cook wished to have her 12 months extended
indefinitely. As a result of a management decision
accommodating the cook and the other attendant the conditions
of employment of the worker concerned were changed and a three
person rota was introduced for weekends instead of the two way
rota which had existed for years.
3. This change in roster was agreed while the worker
concerned was on sick leave. No discussions were held with
her and on resumption of duty in February, 1989 she was told
of the change in her work routine. The worker had a right to
be consulted about the proposed changes in her conditions of
employment, but most definitely she should not be made to
suffer a financial loss because of the roster change. The old
roster had been in force for nine years.
4. The worker concerned will lose 16 Saturdays and 16 Sundays
per year as a result of the changes in her work routine. She
has been shabbily treated by the Board although committing no
offence. The Board, in their haste to accommodate other
workers, simply abandoned the worker concerned. She is
entitled to be compensated as per the Rights Commissioners
recommendation and the Union requests the Court to uphold
same.
BOARD'S ARGUMENTS:
4. 1. The worker concerned is paid #156.44 weekly plus an acting
allowance of #4.24 per week as acting cook for 2 days per
week. The practice had been that she worked every Sunday and
was paid the agreed premium of double time. However, she was
on sick leave for over three months and during that time the
full-time cook who supervises the kitchen requested permission
to work every Sunday. The Board reviewed the situation and
decided that in line with general policy on rotations, which
also gives equitable distribution of premium earnings, that
weekend working in the kitchen area should be rotated between
the three employees working there. This resulted in the cook,
the attendant, and the worker concerned working two out of
every three Sundays.
4. 2. There were no savings involved from which a claim for loss
of earnings could be met, and the Board's financial position
is well known. It has introduced a system which is fair and
equitable for all concerned. It could be understandable that
the worker concerned would have a genuine grievance if premium
earnings had been discontinued. This was not the case, and in
fact by working two out of every three Sundays her premium
earnings are still above the norm as most hospital employees
work a maximum of 2 out of 4 Sundays.
3. The Board considers that the Rights Commissioner's
recommendation which amounts to twice the annual loss of
earnings is excessive, particularly in a situation where there
were no savings involved and where the employee concerned
still continues to earn a substantial amount in respect of
premium payments. The Board would contend that in the
circumstances as outlined, no compensation is warranted.
DECISION:
5. The Court having considered the submissions of the parties
finds no grounds to amend the recommendation of the Rights
Commissioner and accordingly rejects the appeal.
The Court so decides.
~
Signed on behalf of the Labour Court,
Tom McGrath
__19th__October,___1989. ___________________
T. O'D. / M. F. Deputy Chairman