FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EMPLOYERS AGENCY (REPRESENTED BY HEALTH SERVICE EXECUTIVE) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Session rates, on call, standby and call out fees.
BACKGROUND:
2. There are approximately 3,000 staff employed in the Public Health services in the major therapy professions. The vast majority of the work is carried out on a Monday to Friday 9.00am to 5.00pm basis. There is a reasonable instance of on-call/ emergency work, particularly for physiotherapists. Additionally a certain proportion of work is provided on a sessional basis, primarily involving Physiotherapy and Chiropody grades.
The issue before the Court relates to two claims by the Union on behalf of their Paramedical grades to have a) sessional and b) on-call, standby and call-out fees/payments increased in line with Benchmarking increases to such grades.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relation Commission. As agreement was not reached the dispute was referred to the Labour Court on the 12th October, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th of January, 2005.
UNION'S ARGUMENTS:
3. 1. The relationship between sessional pay and the pay of the particular grade or category is well established.
2. The practice of revision of sessional pay after increases have been agreed and implemented is also well established.
3. The increases arising from Benchmarking and in some cases adjustment flowing from the recommendations of the Expert Review Group on Various Health Professions (April 2000) remain to be applied.
4. The rates of payment for on call, standby and call out, which apply mainly in the case of physiotherapists, have not been adjusted in line with recent pay movements for the grades.
COMPANY'S ARGUMENTS:
4. 1.This is a cost-increasing claim and is precluded under clause 19.6 of Sustaining Progress.
2.The claim, if conceded, would have major implications in the broader health services and in other areas of the Public Service.
3. Health allocation have already been determined for 2005 and there are no funds available to pay this claim.
RECOMMENDATION:
Sessional Rates
It is the view of the Court that Sessional Rates have fallen out of line with the substantive pay rates in the affected disciplines.
The Court recommends that the parties should meet with a view to agreeing how and from what date this situation should be rectified. This engagement should also encompass the question of the status of sessional workers. In the absence of agreement, the parties can, in the light of further experience and refinement , come back to the Court for a definitive recommendation.
On-call, stand-by and call-out fees / payments
The Court does not recommend concession of this claim.
Signed on behalf of the Labour Court
Raymond McGee
23rd_March, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.