FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST ANNE'S NURSING HOME - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Rates of pay and conditions of employment.
BACKGROUND:
2. St. Anne's Nursing Home is a private facility which provides residential care for elderly patients. It employs approximately 30 workers, the majority of whom are employed on a part-time basis. The Union's claim, on behalf of 8 workers principally involved in catering, cleaning and as care assistants is for a rate of £5 per hour and retrospective payment for outstanding holiday entitlements. Management rejected the claim. The dispute was referred to the Labour Relations Commission. Conciliation conferences were held on the 1st of June, 1999 and 13th of July, 1999. At conciliation the Industrial Relations Officer put forward proposals on new rates of pay, holidays and public holidays which were rejected by the workers.The dispute was referred to the Labour Court by the Labour Relations Commission on the 3rd of February, 2000. A Court hearing was held in Limerick on the 20th of June, 2000.
UNION'S ARGUMENTS:
3. 1. The Union's claim has now been processed through procedures for the past 18 months. While the Union does recognise that the Company has now complied with the minimum wage legislation by increasing the rate of pay to £4.40 per hour. Since 1st of April, 2000, these rates of pay should be further increased. The Union is claiming the application of Phase I of the Programme for Prosperity and Fairness as and from 1st of April, 2000 and a further increase of .35p per hour to bring workers up to £5.00 per hour.
2. The Union is seeking this rate of pay on the basis that for an eleven year period, workers were denied National Wage Agreements and have received extremely low rates of pay over a protracted period.
3. The Union is seeking the relevant retrospection payments in relation to workers entitlements for annual and public holidays retrospective payments under the Organisation of Working Time Act, 1999.
COMPANY'S ARGUMENTS:
4. 1. The Company is operating in a business with very tight margins and is in a difficult financial situation. It cannot afford to pay the amounts claimed by the Union.
2. The rates of pay currently applied to the workers concerned are £4.40 per hour, and for the grade of cook £25 per shift (9.30 am to 2.15 pm).
3. The employer has also paid holiday pay and bank holiday entitlements in accordance with statutory requirements and has made an ex gratia offer to the workers in full and final settlement of all claims for holidays and public holidays.
RECOMMENDATION:
At the hearing, it was clarified that a number of issues in dispute had been resolved and the Court would recommend that the parties agree a procedure for dealing with similar claims in the future.
The Court having considered the written and oral submissions recommends that the proposals as outlined by the Labour Relations Commission and modified subsequently be accepted by the employees.
However, in relation to the claim for retrospection on annual leave and public holidays, the Court recommends tht the employer grant the employees their entitlements back dated to the date of implementation of the Organisation of Working Time Act, 1997.
Signed on behalf of the Labour Court
Finbarr Flood
4th July, 2000.______________________
TOD/BCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.