FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MISS CARR'S HOUSING TRUST - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Dispute concerning the pay and conditions of employment of a worker.
BACKGROUND:
2. Miss Carr's Housing Trust runs a short-term housing project (Ecclesville) for single mothers and their children and also runs a childrens' day nursery. The worker concerned is the manager of the residential facility and also manages the nursery. The day nursery is one of twenty operating in the Eastern Health Board area and the Board is the main funding agency for these nurseries. At present the worker's pay is determined by reference to the 9th point of the Nursery Managers' scale plus an allowance to bring it to a current rate of £15,360. The Union's claim is for a revised method of determining her pay based on 50% of the Nursery Managers' rate plus 50% of the Childcare Residential managers' rate and that the worker's pay should always be based on this formula whatever these base rates may be. Under this formula the worker's pay would be £16,735. The Union also sought payment of the childcare 'sleepover' rate currently £15.47 in respect of each night the claimant is required to sleep in Ecclesville. Retrospection was claimed to May, 1993. Management rejected the claim. In April 1997 the Union referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Court hearing was held on the 23rd June, 1997.
UNION'S ARGUMENTS:
3. 1. Since 1989 the worker concerned has performed two roles for the Trust - Nursery Manager and Manager of the Mother and Child residence. Approximately 50% of her working time is occupied by the Day Nursery and 50% as Residence Manager. Her work as Nursery Manager is the same as that of the Managers of the other 19 nurseries which are 90% funded by the EHB. For this part of her work no change in remuneration is proposed by this claim.
2. A comparison of the worker's job description as Residence Manager with the job description Childcare Residential Manager indicates a significant degree of similarity (details to the Court).
3. The worker possesses the appropriate experience, expertise and qualifications for the post of Childcare Residential Manager.
4. As part of her duties the claimant is required, outside of normal working hours, to sleep at the centre 3/4 nights per week. At present she receives no remuneration for this. She is entitled to the allowance.
5. Retrospection is sought to May 1993 the date the claim was first submitted.
EMPLOYER'S ARGUMENTS:
4. 1. The worker supervises the semi-independent flatlets which house the mothers and children, and also manages a day care cr�che which is run in conjunction with the Housing Trust. This cr�che is managed by a supervisor who reports to the claimant. She also has the benefit of an experienced social worker who works with the mothers on a half-time basis.
2. The Housing Trust does not have any funding other than from modest rents. A condition of the EHB grants is that all expenditure, and in particular salaries, are cleared in advance. The claimant's salary on appointment was fixed in consultation with the EHB and accepted by her. It does not fall into any salary scale, but she does benefit from such increases as are granted to child care staff of the EHB.
3. While the Housing Trust employs the worker, and is sympathetic to her claim, it has no function in determining her salary and the Management Committee has no means of assessing whether her salary is appropriate or otherwise.
RECOMMENDATION:
Having considered the submissions the Court has concluded that the method of establishing a fair rate of pay as set out in the Union's submission is reasonable and should be conceded. The claim for 'sleep-over' rate should also be conceded.
The Court accordingly recommends concession of the Union's claims with effect from 1st January 1997.
Signed on behalf of the Labour Court
Evelyn Owens
30th June, 1997______________________
T.O'D./S.G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.