Labour Court Database __________________________________________________________________________________ File Number: CD91232 Case Number: LCR13327 Section / Act: S67 Parties: SOUTH EASTERN HEALTH BOARD - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Claim by the Union on behalf of twenty attendants employed at St. Patrick's Hospital concerning a move to St. Otteran's Hospital during building work.
Recommendation:
5. The Court has considered the submissions made by the parties,
and whilst noting the acknowledged co-operation and good will of
the staff concerned is of the opinion that the Board is correct in
its view that it is precluded from making any payment to the staff
involved.
The Court does note that the living and working environment of all
concerned will be permanently improved as a result of the
temporary move and taking these factors into consideration does
not recommend concession of the Union's claim.
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD91232 RECOMMENDATION NO. LCR13327
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: SOUTH EASTERN HEALTH BOARD
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim by the Union on behalf of twenty attendants employed at
St. Patrick's Hospital concerning a move to St. Otteran's Hospital
during building work.
BACKGROUND:
2. St. Patrick's Hospital is one of Waterford's oldest hospitals.
The Health Board received sanction to renovate and upgrade the
Hospital. To renovate and rebuild required that patients and
staff be moved to St. Otteran's Hospital for the duration of the
building work. The temporary move to St. Otteran's, a psychiatric
hospital, which took place in 1988, lasted for approximately one
year. The Union lodged a claim for compensation amounting to
approximately #300 nett per worker. The claim was rejected by the
Board on the grounds that the Department of Health had prohibited
the payment of all disturbance allowances in respect of moves made
after the 1st January, 1984. The matter was referred to the
conciliation service of the Labour Court during 1988, however, the
claim lay dormant until late 1990, when it was again referred to
conciliation. At a conciliation conference held on 8th November,
1990, the Board repeated that it was precluded from meeting any
disturbance claims. The Union maintained that it was not a claim
for disturbance but a claim in respect of the extra distance
travelled to and from work, extra wear and tear and a
disimprovement in their conditions for the duration of the
building work. A further conciliation conference was held on 24th
April, 1991, however no agreement was reached and the matter was
referred to the Labour Court on 1st May, 1991, for investigation
and recommendation. The Court investigated the dispute on 21st
May, 1991, in Waterford.
UNION'S ARGUMENTS:
3. 1. While the workers concerned are classed as attendant grade
and paid as such, they perform the same duties as the nursing
grades with exception of administering drugs. They are
critical to the well running of the caring and nursing
function of the Hospital. The workers agreed to co-operate
with the move to St. Otteran's, which is approximately one
mile from St. Patrick's, prior to any claim being settled.
2. The move to St. Otteran's resulted in a disimprovement in
their conditions as follows:
- Extra wear and tear on footwear/vehicles as a result
of the extra distance to be travelled.
- It was necessary to rise earlier in the morning and
get home later in the evening.
- Workers travelling on foot had to walk through the
grounds of a psychiatric hospital and were quite upset
and scared by the surroundings.
- They had to act as public relations officers in
reassuring the families of transferred patients in
relation to their presence in a psychiatric hospital.
- Virtually no rest facilities were provided for the
staff.
- Workers on night duty had to hire taxis because of the
fear they had of walking through the grounds.
- The building was not secure and this raised more
fears. Several thefts took place.
- The hospital had 2-300 patients of varying degrees of
psychiatric illness. During the day these patients
had free access to almost all areas of the hospital.
- The hospital itself was mouse infected.
3. Despite the disimprovement in conditions the workers
co-operated fully with the transfer. One worker even had her
living accommodation at St. Patrick's transferred to St.
Otteran's. She is still living at St. Otteran's pending
completion of work at St. Patrick's. The Union believes that
given the circumstances a claim for #300 nett compensation is
fair and reasonable.
BOARD'S ARGUMENTS:
4. 1. The Board acknowledges the good-will and co-operation that
was given by the workers concerned. It must also be
acknowledged that the living and working conditions for both
staff and patients have been much improved as a result of the
renovations undertaken and any inconvenience caused must be
small by comparison with the much improved working environment
now in place.
2. The Board is prohibited from making any payments in
respect of disturbance. The Court has in previous
recommendations upheld that position (L.C.R.'s 11410 and 12890
refer).
3. The Board believes that it has been reasonable in its
approach to the problem of up-grading the units concerned and
every effort was made to minimise the disturbance suffered by
both patients and staff alike. The transfer of patients and
staff to St. Otteran's Hospital was a temporary measure which
guaranteed the continued employment of the staff concerned and
any question of lay-off did not arise.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties,
and whilst noting the acknowledged co-operation and good will of
the staff concerned is of the opinion that the Board is correct in
its view that it is precluded from making any payment to the staff
involved.
The Court does note that the living and working environment of all
concerned will be permanently improved as a result of the
temporary move and taking these factors into consideration does
not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
20th June, 1991. Deputy Chairman
B.O'N./J.C.