Labour Court Database __________________________________________________________________________________ File Number: AEP954 Case Number: DEE959 Section / Act: S8(1)AD Parties: TEMPLE STREET HOSPITAL (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - MR. KAVANAGH;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Union against Equality Officer's Recommendation No. EP 4/1995 concerning a claim by the Union on behalf of Mr. Kavanagh who is a night porter, that he is entitled under the above Act to the same rate of pay as that paid to two female telephonists employed by the hospital on day time work. The Union alleges that Mr. Kavanagh performs "like work" with that performed by two named comparators in terms of Section 3(c) of the Anti-Discrimination (Pay) Act, 1974.
Recommendation:
The Court,having considered the oral and written evidence
submitted by the parties, concurs with the conclusions of the
Equality Officer,
(1) that the demands made of the comparator in relation to skill
are higher than those made on the claimant,
and
(2) that the demands made on the comparator in relation to mental
effort are higher than those made of the claimant.
Accordingly, the claimant's appeal fails and the recommendation of
the Equality Officer is confirmed.
Division: Mr McGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
AEP954 DETERMINATION NO.DEE995
ANTI-DISCRIMINATION (PAY) ACT, 1974
SECTION 8(1)
PARTIES:
TEMPLE STREET HOSPITAL
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
MR. KAVANAGH
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Union against Equality Officer's Recommendation
No. EP 4/1995 concerning a claim by the Union on behalf of
Mr. Kavanagh who is a night porter, that he is entitled under
the above Act to the same rate of pay as that paid to two
female telephonists employed by the hospital on day time
work. The Union alleges that Mr. Kavanagh performs "like
work" with that performed by two named comparators in terms
of Section 3(c) of the Anti-Discrimination (Pay) Act, 1974.
BACKGROUND:
2.1 The background to the dispute is set out in the Equality
Officer's Recommendation (details given to the Court). The
Equality Officer in her Recommendation which was issued on
5th July, 1995, found that the claimant was not entitled to
the same rate of remuneration in terms of Section 3(c) of the
Anti-Discrimination (Pay) Act, 1974.
2 On 1st November, 1995, the Union appealed the Recommendation
to the Labour Court on the following grounds:-
1. Mr. Kavanagh is employed as a porter on the night shift.
2. He has been employed for 18 years (approx.) on nights.
3. The claim seeks equal pay for Mr. Kavanagh with the
named telephonists who are employed on normal day
working.
4. The rate of pay for Mr. Kavanagh is the current porters
rate is:-
£189.21, £191,63, £194.13, £196.57, £199.05, £201.50,
£203.99, £206.44, per week.
Mr. Kavanagh also receives 25% on top of above scale for
night duty premium.
5. The rate of pay for the telephonists is as follows:-
£9,512, £9,904, £10,299, £10,692, £11,085, £11,479,
£11,873, £12,264, £12,658, £13,505, per annum.
The telephonists work a 37.5 hours per week as against
the worker's 39 hours per week.
6. Mr. Kavanagh also receives a fixed allowance of £0.96
per night which arose from a previous Labour Court
Recommendation which was one fifth of the difference
between the maximum point of the porters scale and the
ninth point of the telephonists scale.
7. Mr. Kavanagh's duties include the following:-
a. He is engaged on full-time telephonists duties
between the hours of 11.00 p.m. to 8.30 a.m., from
Sunday to Wednesday nights (inclusive).
b. Mr. Kavanagh operates a PABX Switchboard with 22
outside lines (approx.) with over 200 (approx.)
internal extensions on a full-time basis.
c. A page system is also operated by Mr. Kavanagh.
d. He is also responsible for the main door of the
hospital at night which is locked and can only be
operated by an intercom and buzzer system.
e. He also has to deal with parents who are bringing
their sick children to the hospital at all hours
during the night and has to call and alert the team
to assist the parents and sick child.
f. All meal and tea breaks have to be taken at the
switch area.
g. Mr. Kavanagh has to deal with the emergency calls
using the hospitals '333' alert system and call in
staff for emergency purposes.
8. In the Equality Officer's findings the only issue which
was found against the claimant was that the volume of
both phone calls and personal callers to the switchboard
was high.
9. The Union contends that this is the reason why there are
2 Switchboard Operators on duty to deal with the volume,
and indeed, if there were any difficulties it would be
dealt by not higher pay, but an increase in staffing
levels as the day-time.
10. The Union would also contend that if the logic of
acceptance of volume as a determining factor for equal
pay then the whole question of the relative volumes for
night staff throughout the entire hospital was also
questionable.
11. It is unfair to use the normal downturn which takes
place in any service organisation on night shifts to
justify a different rate of pay.
12. The Equality Officer accepted that the same level of
demand applied to the claimant and comparators in terms
of physical effort, working conditions and
responsibility.
DETERMINATION:
The Court,having considered the oral and written evidence
submitted by the parties, concurs with the conclusions of the
Equality Officer,
(1) that the demands made of the comparator in relation to skill
are higher than those made on the claimant,
and
(2) that the demands made on the comparator in relation to mental
effort are higher than those made of the claimant.
Accordingly, the claimant's appeal fails and the recommendation of
the Equality Officer is confirmed.
~
Signed on behalf of the Labour Court
29th November, 1995 Tom McGrath
L.W./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.