FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(5), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICES EMPLOYERS' AGENCY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Hearing arising from LCR17044.
BACKGROUND:
2. The dispute before the Court arises from Labour Court Recommendation 17044 which recommended that "the Joint Committee be requested to examine the role of Intellectual Disability Workers, in the same manner as it did the Group it recommended for change, with a view to deciding if the same process of professionalism is appropriate".
Following the decision of the Joint Committee to recommend the introduction of professionalism into the Intellectual Disability Sector in respect of House Parent and Assistant House Parents, the date of application of the new rates of pay is now in dispute.
The Union is seeking an implementation date of the 1st of January, 2001, and Management states that the implementation date should be the 1st of July, 2002.
The Labour Court agreed to investigate the dispute in accordance with Section 26(5) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th of November, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. At all stages Management has sought more time to try and resolve the issue. It is unfair that these delays would be used as a basis for a later implementation date.
2. The provisions contained in the Department of Health and Children circular 39/2001, which includes an implementation date of the 1st of January, 2001, should be extended to Houseparents and Assistant Houseparents.
MANAGEMENT'S ARGUMENTS:
4. 1. The offer made to staff of an average of 19% for Assistant House Parents and 27% for House Parents and the application date of the 1st of July, 2002, is fair and generous.
2. Management has processed this matter in an expeditious manner and have not attempted to slow down the process towards professionalisation in this sector.
RECOMMENDATION:
The Court, having considered the comprehensive written and oral submissions made by the parties, and taking into account all of the issues involved, recommends that the parties accept the date of the Labour Court Recommendation, 1st February, 2002, as the date of the application of the proposed pay increase.
Signed on behalf of the Labour Court
Finbarr Flood
18th December, 2002______________________
GB/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.