FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH SOCIETY FOR AUTISM (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Programme for Prosperity and Fairness (P.P.F) retrospection & parity claim.
BACKGROUND:
2. The Irish Society for Autism is a Voluntary Organization for the care of autistic children. The Society is part funded by a number of Health Boards. The Union, on behalf of its members, is seeking pay parity with similar workers employed in the Health Boards and payment of arrears due under the Programme for Prosperity & Fairness (P.P.F).
Programme for Prosperity and Fairness (P.P.F).:
The Union claim payment of arrears outstanding under the Programme for Prosperity and Fairness (P.P.F.).
The Society agree payment will be made when funding is sanctioned by the Health Boards.
PAY PARITY:
The Union claims "pay parity" with comparable workers in the Health Board's. The Society rejects the Union's claim on the basis that there is no comparator within the Health Board system.
PROGRAMME FOR PROSPERITY AND FAIRNESS (P.P.F).:
UNION'S ARGUMENTS:
3 1. The worker's have demonstrated loyalty to the Company.
2. The Society agreed to pay the outstanding amount due under the Programme for Prosperity and Fairness (P.P.F). but to date arrears due are still outstanding.
COMPANY'S ARGUMENTS:
4 1. The Society acknowledge the dedication and commitment of its staff to the Society.
2. The Society is not in a position to pay the arrears due under the Programme for Prosperity and Fairness until they receive the funding from the Health Board's.
PAY PARITY:
UNION'S ARGUMENTS:
3. 1. The Union seek parity with comparable workers in the Health Board structure.
2. The workers have demonstrated loyalty to the Society in accommodating a high level of staff turnover.
COMPANY'S ARGUMENTS:
4. 1. The Society reject the Union's claim of "pay parity" with comparable workers in the Health Board structure.
2. The Society is not in a financial position to deal with this issue unless sanction has been received from the Health Board's.
RECOMMENDATION:
The Court has considered the submissions of both sides. The Court recommends that the Society should immediately pay the outstanding commitments due under the Programme for Prosperity and Fairness (P.P.F).
The Union has sought parity of pay with that paid to workers in Gheel, another organisation who care for those with autism. The Court is not satisfied that the comparator used in this case is sufficiently comparable to recommend pay parity between the organisations.
The Society referred to a review of service taking place, by the South Western Health Board, which the Society is co-operating with, into a number of areas concerning the Society's service including the levels of pay, which apply. The Court notes the Union's willingness to co-operate with this review. The Court recommends that the parties should await the outcome of the review when the issue of levels of pay in the Society may be examined in the light of its findings.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th January, 2003______________________
CMCM/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Carmel McManus, Court Secretary.