Labour Court Database __________________________________________________________________________________ File Number: CD91591 Case Number: LCR13512 Section / Act: S26(1) Parties: ROYAL HOSPITAL DONNYBROOK - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning rates of pay for temporary workers.
Recommendation:
7. The Court, having considered the submissions of the parties,
understands the concerns of both sides - the Management to provide
environmental experience for students in the medical/para medical
fields that may entice them to the geriatric area of medicine in
the future and the Union to ensure that normal pay and conditions
of employment apply to all who work in the hospital.
There are reasonable arguments on both sides and the main
difficulty stems from the absence of any formal job categorisation
or pay rates for the particular circumstances involved.
Having regard to the fact that the existing practice has applied
for a considerable number of years and that in 1992 a Working
Party will review pay and conditions for non-nursing staff, the
Court recommends that the Union accept the historical method of
employment and payment in 1992 and that the determination of
arrangements for the subsequent years form part of the
deliberations of the Working Party.
Division: CHAIRMAN Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD91591 RECOMMENDATION NO. LCR13512
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ROYAL HOSPITAL DONNYBROOK
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning rates of pay for temporary workers.
BACKGROUND:
2. For the past 10 years the Hospital has employed medical
students on temporary relief work during the summer months. The
number employed is usually 6 to 8 workers.
3. In June, 1991, during discussions on another matter, the Union
became aware that the temporary relief workers were paid a special
rate of £120 a week. The Union lodged a claim that payment of
Department of Health rates for ward attendants (£169.87) a week be
paid to the temporary relief workers plus premium payments for
working week-ends and bank holidays on the basis that these
workers carry out the full range of ward attendant duties as they
are employed to provide cover for ward attendants on holidays.
The Hospital rejected the claim on the grounds that the students
are employed on work experience and to give them an insight into
the workings of a geriatric hospital and that the rate paid is
adequate and fair.
4. The dispute was referred to the Labour Relations Commission on
4th July, 1991. A conciliation conference was held on 11th
October, 1991. As no agreement was reached, the Commission, with
the consent of the parties, referred the dispute to the Labour
Court for investigation and recommendation under Section
26(1)(a)(b) of the Industrial Relations Act, 1990. A Court
hearing was held on 13th December, 1991.
UNION'S ARGUMENTS:
5. 1. The workers are employed to provide relief for people on
holidays and carry out the full range of duties of ward
attendants. Consequently they should enjoy the same pay and
conditions as ward attendants.
2. The present arrangements are taking advantage of these
workers and undermining the pay and conditions of the
full-time staff.
3. Following on from a different dispute, a working party was
formed to study the pay and conditions of all non-nursing
staff. As its report is not due until September, 1992, the
Court is asked to recommend in favour of the standard
Department of Health rates being applied before next summer's
relief staff are recruited.
COMPANY'S ARGUMENTS;
6. 1. The Hospital employs "summer holiday employees" to provide
valuable work experience for third level medical students and
to allow its own staff to take holidays during the summer
months.
2. These workers are employed on a week-to-week basis and are
supernumerary to the approved compliment of staff. They are
aware that they are employed on a temporary basis and that
permanency will not be offered.
3. The system has advantages for all concerned. Students
gain valuable work experience in a medical setting for
financial reward. The staff are able to get their holidays
when required and the geriatric services may benefit by
attracting newly medically qualified personnel to these
services as a result of this exposure during training.
RECOMMENDATION:
7. The Court, having considered the submissions of the parties,
understands the concerns of both sides - the Management to provide
environmental experience for students in the medical/para medical
fields that may entice them to the geriatric area of medicine in
the future and the Union to ensure that normal pay and conditions
of employment apply to all who work in the hospital.
There are reasonable arguments on both sides and the main
difficulty stems from the absence of any formal job categorisation
or pay rates for the particular circumstances involved.
Having regard to the fact that the existing practice has applied
for a considerable number of years and that in 1992 a Working
Party will review pay and conditions for non-nursing staff, the
Court recommends that the Union accept the historical method of
employment and payment in 1992 and that the determination of
arrangements for the subsequent years form part of the
deliberations of the Working Party.
~
Signed on behalf of the Labour Court
Kevin Heffernan
____________________
18th December, 1991 Chairman.
M.D./J.C.