Labour Court Database __________________________________________________________________________________ File Number: CD95580 Case Number: LCR15031 Section / Act: S26(1) Parties: TRINITY HOUSE SCHOOL (Represented by THE DEPARTMENT OF EDUCATION) - and - IMPACT |
Premium payments to two duty officers.
Recommendation:
Taking into account all the information before it, and bearing in
mind the particular background to this case, the Court recommends
the following:-
(1) The weekend premium plus the 25% shift allowance to be
paid to the two claimants as claimed.
(2) All future appointees to the post of Duty Officer in
Trinity House to be paid the weekend premium plus 16 2/3%
shift allowance.
Division: Mr Flood Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95580 RECOMMENDATION NO. LCR15031
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
TRINITY HOUSE SCHOOL
(REPRESENTED BY THE DEPARTMENT OF EDUCATION)
AND
IMPACT
SUBJECT:
Premium payments to two duty officers.
BACKGROUND:
Trinity House School was established in 1983 as a secure unit
for young offenders. The security officers are responsible
for the overall security of the school. They work a 7-day
week/4-shift rosters.
In 1983/84 the duty officers received premium payments for
Saturday/Sunday because of the unsocial hours involved. In
1985, Management claims that an agreement was reached with
the Union that a 25% shift payment would replace the weekend
premium. In 1986, it was discovered that 2 duty officers in
Trinity House School were still receiving the weekend
premium, as well as the 25% shift allowance. The Department
of Education informed the School that the duty officers could
not receive both payments. Management claims that it was not
informed of the change of payment in 1986. It was decided to
allow the 2 duty officers to retain both payments on a
"personal to holder" basis. In October, 1986, the Department
of Education wrote to the Union informing it that the two
payments would not apply to new recruits.
Two new duty officers were appointed to the School since
1989. They are in receipt of the 25% shift payment only.
The Union is seeking that the two workers concerned (and any
new recruits) should receive the weekend premium.
The dispute was referred to the Labour Relations Commission.
Three conciliation conferences took place - on 16th July,
1993, 13th August, 1993 and 25th April, 1994. Management
offered to pay the two workers concerned both payments on the
understanding that the new recruits would only receive the
25% payment The Union was not agreeable and the offer was
withdrawn. The dispute was referred to the Labour Court on
6th October, 1995, in accordance with Section 2691),
Industrial Relations Act, 1990. A Labour Court hearing took
place on 20th November, 1995.
UNION'S ARGUMENTS:
1. The two workers concerned are working weekends alongside
their colleagues for half the pay. In Oberstown Boys and
Girls Centre, the premium is 16.6% for working a 3-shift
pattern. The staff also receive a shift allowance. Night
nurses who receive 25% shift allowance also receive a premium
for working Saturday/Sunday.
2. The Union could not agree to Management's proposal to pay the
two workers concerned the Saturday/Sunday premium without it
applying to new recruits as this could lead to problems in
the future.
MANAGEMENT'S ARGUMENTS:
1. An error was made in allowing the two duty officers to
receive both payments in 1986. The Department of Education
did not notify the School of the discontinuance of the
weekend premium. In an effort to solve the problem, it
decided to allow the two duty officers to retain both
payments.
2. Management cannot afford to concede both payments to future
recruits at the School. There could be repercussive effects
throughout the Public Sector if this happened.
RECOMMENDATION:
Taking into account all the information before it, and bearing in
mind the particular background to this case, the Court recommends
the following:-
(1) The weekend premium plus the 25% shift allowance to be
paid to the two claimants as claimed.
(2) All future appointees to the post of Duty Officer in
Trinity House to be paid the weekend premium plus 16 2/3%
shift allowance.
~
Signed on behalf of the Labour Court
18th December, 1995 Finbarr Flood
C.O.N./A.K. ----------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.