Labour Court Database __________________________________________________________________________________ File Number: CD9651 Case Number: LCR15160 Section / Act: S26(1) Parties: EASTERN HEALTH BOARD (ST. ITA'S HOSPITAL) (Represented by THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the withdrawal of banking facilities.
Recommendation:
The Court is satisfied that reasonable efforts were made,
following the discontinuance of the service provided, to find an
alternative. In the circumstances the Court does not recommend
the payment of compensation but recommends that the Hospital
Management makes pay cheques available on Wednesday to employees
working both Thursday and Friday.
Division: Mr Flood Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD9651 RECOMMENDATION NO. LCR15160
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
EASTERN HEALTH BOARD (ST. ITA'S HOSPITAL)
(REPRESENTED BY THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the withdrawal of banking facilities.
BACKGROUND:
2. The dispute concerns approximately 120 non-nursing staff
employed at St. Ita's hospital. For many years they have had
facilities within the complex for the cashing of pay cheques.
The mobile service was provided by the National Irish Bank.
In May 1995 the facility was withdrawn by the Bank following
a robbery on site. The Union claims that the hospital should
provide an alternative service, or give the workers time off
to cash pay cheques, or pay compensation. Management
rejected the claim. The dispute was referred to the Labour
Relations Commission and a conciliation conference was held
on the 28th November 1995. Agreement was not possible and
the dispute was referred to the Labour Court on the 30th
January 1996. A Court hearing was held on the 22nd April
1996.
UNION'S ARGUMENTS:
3. 1. The workers concerned have enjoyed the facility to cash
pay cheques for many years and it was part of their
conditions of employment.
2. In order to cash their pay cheques workers must now
travel six miles to the nearest bank in Swords. This is
both time-consuming and costly.
3. Pay cheques are issued to workers who are on duty on
Thursday mornings. Some workers may not be rostered on
Thursday. This causes great inconvenience to them.
4. It is totally unreasonable for Management to expect
workers to make alternative arrangements to cash their
wage cheques. Workers should be allowed time off or
alternatively they should be compensated for the loss of
a facility which they enjoyed for twenty years.
BOARD'S ARGUMENTS:
4. 1. The hospital has endeavoured to get other financial
institutions to take over the service. Management
approached three major banking groups with a view to
providing hospital staff with a banking service. Its
efforts were not successful.
2. Prior to the withdrawal of the service the balance of
the non-nursing personnel at the hospital made their own
arrangements to cash their wage-cheques using banks in
Swords, local shops, banks near their homes. This
situation continues.
3. The hospital cannot consider payment of compensation or
time-off. This stand has been supported by the Court in
similar cases (LCR14555 refers).
4. There are on-going negotiations with the Union on a
proposal for the introduction of fortnightly pay path in
return for the second moiety of a £5 p.w. special pay
increase. Under such a system, the cashing of pay
cheques will no longer be a feature.
5. The Board is facing an increasingly difficult financial
situation. Any compensation paid would place an
increased financial burden on the hospital.
RECOMMENDATION:
The Court is satisfied that reasonable efforts were made,
following the discontinuance of the service provided, to find an
alternative. In the circumstances the Court does not recommend
the payment of compensation but recommends that the Hospital
Management makes pay cheques available on Wednesday to employees
working both Thursday and Friday.
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Signed on behalf of the Labour Court
9th May, 1996 Finbarr Flood
T.O'D./S.G. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.