FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BROTHERS OF CHARITY SERVICES (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Dispute concerning the night duty premium application date.
BACKGROUND:
2. The Brothers of Charity is a religious voluntary organisation which provides a wide range of residential and day care services for the mentally handicapped at the Bawnmore Centre, Limerick. The dispute concerns six nurses who work on the twilight shift, 8.30 p.m. to 10.30 p.m. Four are employed on a permanent basis and two are temporary nurses. The Union is claiming payment of retrospection arising from the application of night duty premium for hours worked from 8.30 to 10.30 p.m. This shift was introduced in 1994. The nurses were not paid the standard night premia allowance applicable to full-time staff for hours worked. Following discussions between the parties the Organisation agreed to apply the premium with effect from 1st of April, 1997. The Union seeks retrospection of the payment of the date of commencement of the shift in 1994. Management rejected the claim. The dispute was referred to the Labour Relations Commission and a conciliation conference was held on the 17th of September, 1997. Agreement was not possible and the dispute was referred to the Labour Court by the Labour Relations Commission on the 21st of October, 1997. A Court hearing was held in Limerick on the 17th of February, 1998.
UNION'S ARGUMENTS:
3. 1. All full-time nurses at the Centre are in receipt of the correct night duty hourly rates since 1979. The nurses concerned should not be discriminated against because they work just two hours of the night duty shift.
2. When the Organisation introduced this part-time work in 1994, there were guidelines from the Department of Health in force, therefore, the Union is seeking full retrospection.
3. In all Health Board hospitals and in the Daughters of Charity Organisation where part-time staff are employed, they receive the premia payments.
4. The claim, if conceded, would not impose a significant cost on the Organisation.
EMPLOYER'S ARGUMENTS:
4. 1. Despite the fact that the 'twilight shift' has been in operation since 1994, the issue was not raised by the Union until 1996.
2. Management has offered to introduce the night premia as from 1st of April, 1997. Retrospection cannot be conceded as it would represent a significant cost increase which the Organisation cannot afford due to strict financial constraints. Funding is insufficient to meet the requirements of the Organisation.
3. Because of changes in the funding structure, and procedures to come into force in the future, there is uncertainty as to the level of funding to be made available as from 1999.
4. The claim is cost-increasing and is precluded under Partnership 2000.
RECOMMENDATION:
Having considered the submissions made by the parties at the hearing and additional information subsequently made available, the Court recommends that the night duty allowance be paid with retrospection to September, 1996.
Signed on behalf of the Labour Court
Kevin Duffy
3rd April, 1998______________________
T.O'D./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.