Labour Court Database __________________________________________________________________________________ File Number: CD95359 Case Number: LCR15021 Section / Act: S20(1) Parties: SOUTH EASTERN HEALTH BOARD - and - PSYCHIATRIC NURSES ASSOCIATION OF IRELAND |
Payment of salary to temporary nurses of St. Luke's Hospital.
Recommendation:
The Court fully recognises that the Health Board require to make
payments to staff on an accurate basis.
However, it is the view of the Court that there is a
responsibility on the Board to ensure that their procedures do not
create hardship for the staff, particularly those on temporary
contracts. The Court finds that it is unreasonable to delay wage
payments for temporary staff for 13 days as calculated by the
Health Board.
Given the nature of their contract, it is the view of the Court
that payment should be made one week in arrears.
Accordingly, the Court recommends that arrangements be put in
place to ensure that payment of wages to the staff here concerned
is made one week in arrears.
Division: Mr McGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD95359 RECOMMENDATION NO. LCR15021
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
SOUTH EASTERN HEALTH BOARD
AND
PSYCHIATRIC NURSES ASSOCIATION OF IRELAND
SUBJECT:
1. Payment of salary to temporary nurses of St. Luke's Hospital.
BACKGROUND:
2. The dispute, which has been ongoing since 1992, concerns the
delay by three weeks of initial salary payments to temporary
nurses of St. Luke's Hospital, Clonmel. The Union claims
that the delay is unreasonable and unacceptable. The Board
maintains that, with a workforce of 5,500, it is essential to
vary pay frequencies and pay dates, which are, by necessity,
paid in arrears.
The Board declined invitations to attend conciliation
conferences at the Labour Relations Commission in October,
1992 and in April, 1995. The Union referred the dispute to
the Labour Court on 23rd May, 1995 in accordance with Section
20(1) of the Industrial Relations Act, 1969 and agreed to be
bound by the Court's recommendation. A Labour Court hearing
took place in Clonmel on 22nd November,1995, the earliest
date suitable to both parties.
UNION'S ARGUMENTS:
3. 1. In a letter to the Union dated 31st March, 1992 the
Hospital Administrator stated that following discussions
with the Board's Payroll Officer and Finance Officer "as
soon as they give their approval, we should then be in a
position to pay all temporary staff one week earlier
than at present."
2. On 26th November, 1992 the Board informed the Labour
Relations Commission that following the installation of
a new payroll system it would expect to be in a position
to pay temporary staff on a more up-to-date basis with
effect from April, 1993.
3. The Board has now refused to give any commitment to
resolve the issue within a given time frame and it has
stated its intention to await the results of a national
review, which includes pay issues. However, these
negotiations have collapsed for the foreseeable future.
4. It is totally unacceptable to expect temporary nurses on
three-monthly contracts to wait three weeks for their
first salary payments each time their contract is
renewed while they have no other entitlement or source
of income.
BOARD'S ARGUMENTS:
4. 1. The Payroll Department processes salaries for 5,500
employees. Following national agreement with other
unions, all of the Health Boards have had to synchronise
pay days for the non-nursing staff who are also paid in
arrears.
2. It is imperative that staff are paid on an accurate
basis. A record of hours worked is inputted at a local
base and transmitted to the computerised payroll system.
Hours worked must be verified and any amendments must be
made before the draw down of cheques. For
administrative and accountancy purposes it would not be
possible to pay staff on the basis of projected hours
worked.
3. The staff concerned are treated no less favourably than
many other grades of nursing staff in the Health Board
area.
4. Restructuring talks are ongoing at national level,
concerning pay issues, among others. When finalised it
may be decided to reschedule pay dates, therefore the
Board cannot see the benefit of changing dates at this
time.
RECOMMENDATION:
The Court fully recognises that the Health Board require to make
payments to staff on an accurate basis.
However, it is the view of the Court that there is a
responsibility on the Board to ensure that their procedures do not
create hardship for the staff, particularly those on temporary
contracts. The Court finds that it is unreasonable to delay wage
payments for temporary staff for 13 days as calculated by the
Health Board.
Given the nature of their contract, it is the view of the Court
that payment should be made one week in arrears.
Accordingly, the Court recommends that arrangements be put in
place to ensure that payment of wages to the staff here concerned
is made one week in arrears.
~
Signed on behalf of the Labour Court
15th December, 1995 Tom McGrath
D.G/D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.