FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH EASTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Loss of earnings.
BACKGROUND:
2. The dispute concerns three workers who are employed at the Board's care for the elderly facility at Ballyconnell, County Cavan. Following protracted negotiations the residential care facility was moved from St Felim's Cavan, to a thirty bed unit in Ballyconnell in April, 2001. An agreement on resettlement payments was negotiated under the auspices of a third party facilitator. At St. Felim's the claimants were employed as care attendants and were rostered for night duty. Unlike St Felim's, wards in Ballyconnell are in an integrated setting (male and female patients), which the claimants are unwilling to work in as care attendants. They are employed at Ballyconnell on the cleaning roster, and are not rostered for night duty. The Union submitted a claim for loss of earnings on behalf of the three workers. The Board rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 15th January, 2003. A Court hearing was held in Cavan on the 20th February, 2003.
UNION'S ARGUMENTS
3. 1.The claimants re-located to the new unit in Ballyconnell undertaking new rostering arrangements on the cleaning roster. This facilitated the Board in developing and operating this new facility. While there was a voluntary aspect to the relocation, staff were conscious of availing of it to relocate to a facility which was convenient to their homes.
2. The claimants, now working as general operatives, incurred a loss of earnings due to alternative rostering arrangements i.e. no night duty, reduced rostered hours on Sundays and Public Holidays (reduced premium earnings), anti social hours premium.
3.In negotiations which took place relating to the relocation of services to the Ballyconnell Unit, the Union reserved the right to pursue a claim for loss of earnings incurred.
BOARD'S ARGUMENTS;
4. 1. Two of the claimants made specific requests of Management regarding their requirement to work differing roster patterns prior to relocation. These were granted even though the claimants knew that a consequential loss of earnings would result.
2.The third worker was not assigned permanently to a roster that would have given him an expectation of night duty or weekends. He was employed in a relief capacity and the Board's only obligation was to offer him work on an if, and when required basis.
3. Each of the claimants received a compensation package in respect of distances travelled, inconvenience of new location, and disturbance factor. Each lives closer to the Ballyconnell facility than they do to St Felim's. Disturbance factor is the only element of the compensation package applicable to them. Nevertheless they received the full compensation package.
4 Subsequent to the claimants voluntarily relocating, the Board put in place arrangements to ensure weekend work was available to two of them.
5.In the existing financial climate the Board is not in a position to pay any compensation for loss of earnings.
RECOMMENDATION:
The Court considered the written and oral submissions made by the parties.
It is accepted that posts as care attendants were available to the claimants but that this would have involved them working in an integrated setting (male and female patients), a role they declined to accept.
It is also accepted that, as relocation was on a voluntary basis, the claimants could have stayed in St. Felim's hospital.
In these circumstances the Court cannot recommend compensation for loss, given that the claimants had choices that would have alleviated their loss.
Signed on behalf of the Labour Court
Finbarr Flood
4th March, 2003______________________
TODChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.