Labour Court Database __________________________________________________________________________________ File Number: CD95576 Case Number: LCR14976 Section / Act: S26(1) Parties: UNIVERSITY DENTAL SCHOOL AND HOSPITAL CORK (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - THE IRISH DENTAL ASSOCIATION |
Pay and Conditions of Employment.
Recommendation:
The Court in considering this case is concerned that the parties
have failed to reach agreement on the number of issues that would
seem to lend themselves to a solution if approached in a positive
fashion.
During the hearing it appeared that agreement could be reached on
most of these matters if meaningful discussions took place between
the parties. The Court would urge that these discussions take
place immediately in order to finalise a position on these issues.
On the substantive issue before the Court, Sessional Rates, the
Court finds no justification for the Cork rate being other than at
least as favourable as the Dublin rate and accordingly recommends
that the Cork rate be brought in line with the Dublin rate
forthwith.
Taking into account all the above the Court recommends that:-
(1) The Sessional Rate be brought in line with the Dublin rate
from 1st July, 1995.
(2) Discussions commence between the parties immediately, to
agree the new Sessional Rate. These discussions to be
completed before end of the January, 1996.
(3) In order to facilitate these discussions the contracts due to
expire at end of December be extended by agreement of both
parties to the end of January, 1996.
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95576 RECOMMENDATION NO. LCR14976
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
UNIVERSITY DENTAL SCHOOL AND HOSPITAL CORK
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
THE IRISH DENTAL ASSOCIATION
SUBJECT:
1. Pay and Conditions of Employment.
BACKGROUND:
2. The workers concerned are visiting dental surgeons who are
employed by the College on fixed term contracts. Under their
current conditions of employment the workers' contracts are
for a three year period. Their average weekly attendance is
based on 3 by 3 hourly sessions.
The surgeons are involved in providing practical training to
dental students and in supervising the treatment of patients
by students. This practical experience compliments the
academic instruction provided by the full-time academic
staff.
The dispute before the Court concerns the Association's claim
regarding the pay and conditions of employment of the
surgeons concerned under the following headings:-
1. Sessional Rate
The rate sought (£109.44) is based on existing rates
paid by the Department of Health and the Department of
Social Welfare for dental services undertaken on a time
basis.
2. Contracts
A five year term of contract is being sought in order to
achieve a greater continuity both for the students and
the staff.
3. Holidays
The Association is seeking that the workers full holiday
entitlements be honoured.
4. Staff Ratios
Dentist : Student ratio of 1 : 6 be implemented.
5. Indemnity Insurance
Pro-rata reimbursement of medical defence premium.
6. Pension
Inclusion in the College Pension Scheme on a pro-rata
basis.
The College's position is that, while the claim is in breach
of the Programme for Economic and Social Progress (PESP) and
the Programme for Competitiveness and Work (PCW) it accepts
that there is merit in the Association's claim for an
increase in the sessional rate which is lower than the
sessional rate paid in the Dublin Dental Hospital.
The matter was referred to the Labour Relations Commission.
Conciliation conferences were held on 7th December, 1994,
14th February, 1995 and April, 1995 at which the College's
offer to increase the sessional rate to the Dublin rate was
rejected by the Association. As agreement could not be
reached the dispute was referred to the Labour Court on 4th
October, 1995 under Section 26(1) of the Industrial Relations
Act, 1990. A Labour Court hearing took place in Cork on 9th
November, 1995. A recommendation was issued by letter on
24th November, 1995.
ASSOCIATION'S ARGUMENTS:
4. 1. Part-time dental surgeons play a fundamentally important
role and have been integrated into the entire system for
the teaching and examination of undergraduate students.
Their duties involve direct one-to-one supervision of
the student treating patients and the training of
students in all clinical disciplines in dental science.
2. Successive Heads of University Dental School and
Hospital, Cork have stated that the School and Hospital
could not operate in the absence of the part-time dental
surgeons.
3. Private dental practice involves high overheads. Unlike
their medical colleagues, dental surgeons have the
additional and costly expense of high tech equipment.
It is difficult for part-time staff to devote time to
the Dental Hospital and School in circumstances where
the financial compensation falls well short of an
economic hourly rate.
4. The sessional rate sought is based on existing rates
paid by the Department of Health and the Department of
Social Welfare for dental services undertaken on a time
basis. This rate of £36.48 per hour is considerably
less than the hourly rate charged by other professions
whose rates range from £65.00 per hour to £98.00 per
hour.
5. Legal experts from both of the indemnifying protection
societies who specialise in dental legal matters advise
that the acceptable dentist : student ratio is 1 : 6.
Failure to implement the correct ratio leaves staff, and
indeed management, open to litigation.
6. The College confirmed by letter of 7th October, 1994
that the Worker Protection (Regular Part-time Employees)
Act, 1991 is being implemented in full and that public
holidays entitlements are in operation. Despite the
College's assurances the workers concerned are not paid
for public holidays. The holiday situation is further
exasperated by the College's failure to provide Locum
cover for holidays.
COLLEGE'S ARGUMENTS:
3. 1. The all-inclusive sessional rate is the fundamental
basis of the surgeon's structural position, therefore
claims on other matters are totally inappropriate. This
position was supported by the Labour Court in LCR11467.
2. The Association has an obligation to comply with the
terms of the PESP and the PCW. The Court in previous
recommendations has upheld this position.
3. The College recognises that there is an inequity between
the sessional rates in Cork and Dublin which should be
addressed but the Association does not wish to pursue
this route as a basis for agreement. The College
rejects any sessional rate that is not based on valid
comparison which in this case is the Dublin Dental
Hospital.
4. It must be assumed that the Association is asking the
Court to grant the workers concerned parity with medical
consultants. In the previous case the College argued
that there was no specific relationship between the
visiting dental surgeons and clinical medical
specialists. The Court accepted this position at the
time and there is still no basis for any change in this
regard.
5. The Department of Health does not recognise any specific
relationship between medical consultants and visiting
dental surgeons. There is no specific relationship
either between the common contract for medical
consultants and the dental professionals at the
University Dental School and Hospital, Cork, or in the
Health Boards. Any concession of this claim outside of
the particular equity with the Dublin Dental Hospital
would have considerable repercussive effects.
RECOMMENDATION:
The Court in considering this case is concerned that the parties
have failed to reach agreement on the number of issues that would
seem to lend themselves to a solution if approached in a positive
fashion.
During the hearing it appeared that agreement could be reached on
most of these matters if meaningful discussions took place between
the parties. The Court would urge that these discussions take
place immediately in order to finalise a position on these issues.
On the substantive issue before the Court, Sessional Rates, the
Court finds no justification for the Cork rate being other than at
least as favourable as the Dublin rate and accordingly recommends
that the Cork rate be brought in line with the Dublin rate
forthwith.
Taking into account all the above the Court recommends that:-
(1) The Sessional Rate be brought in line with the Dublin rate
from 1st July, 1995.
(2) Discussions commence between the parties immediately, to
agree the new Sessional Rate. These discussions to be
completed before end of the January, 1996.
(3) In order to facilitate these discussions the contracts due to
expire at end of December be extended by agreement of both
parties to the end of January, 1996.
~
Signed on behalf of the Labour Court
1st December, 1995 Finbarr Flood
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.