Labour Court Database __________________________________________________________________________________ File Number: CD95105 Case Number: LCR14724 Section / Act: S26(1) Parties: SOUTHERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Re-hearing arising from Labour Court Recommendation No. LCR14444 concerning loss of earnings resulting from change of roster.
Recommendation:
The Court, having considered all of the views expressed by the
parties in their oral and written submissions, recommends that the
employees concerned be compensated in the amount of #1,300 in full
and final settlement of this dispute.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD95105 RECOMMENDATION NO. LCR14724
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
SOUTHERN HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Re-hearing arising from Labour Court Recommendation No.
LCR14444 concerning loss of earnings resulting from change of
roster.
BACKGROUND:
2. The dispute concerns a claim by the Union, on behalf of four
catering assistants employed at Cork University Hospital, for
compensation in respect of loss of earnings arising as a
result of a proposed change of roster. The rostering
arrangements were the subject of a Labour Court
recommendation in April, 1994.
The existing roster is as follows:-
(a) 8.00 a.m. to 4.30 p.m.
(b) 11.00 a.m. to 7.30 p.m.} worked on alternate
12 noon to 8.30 p.m.} weekends.
The Board's proposed roster is:-
(a) 8.00 a.m. to 4.30 p.m.
(b) 11.00 a.m. to 7.30 p.m.
The Court, in LCR14444, recommended that:
"... a joint exercise, involving the Board's industrial
engineer and the Union's industrial engineer should be
carried out to establish the practicality and
appropriateness or otherwise of the changes sought by
the Board. The parties should then negotiate on the
outcome and if the matter is not resolved it should be
referred back to the Court for final adjudication".
The joint exercise was completed and both engineers confirmed
that the 11.00 a.m. to 7.30 p.m. roster was most appropriate.
This was accepted by the Union. Subsequently both parties
entered discussions on appropriate compensation in respect of
loss of earnings for the four workers. The Board offered
#1,000 to each of the workers. The Union claimed #3,000 on
behalf of each worker. Local discussions failed to resolve
the dispute and, on the 5th January, 1995, the Board referred
the dispute to the Labour Court. The Court investigated the
dispute in Cork on the 29th March, 1995.
UNION'S ARGUMENTS:
3. 1. The current premium paid to the workers concerned, each
alternate week, amounts to #33.28 which equates to
#865.28 per annum. The workers have been in receipt of
this payment over the years. The Board's offer does not
reflect adequate compensation of the workers' losses
which will be incurred for the foreseeable future.
BOARD'S ARGUMENTS:
4. 1. The Board's offer is very realistic considering the loss
sustained by the workers and taking into account that
negotiations on the level of compensation have been
ongoing for three years. The offer of #1,000 to each
worker equates to the level of compensation generally
paid in such cases.
RECOMMENDATION:
The Court, having considered all of the views expressed by the
parties in their oral and written submissions, recommends that the
employees concerned be compensated in the amount of #1,300 in full
and final settlement of this dispute.
~
Signed on behalf of the Labour Court
12th April, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.