FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : OUR LADY'S HOSPITAL ENNIS (REPRESENTED BY HEALTH SERVICE EXECUTIVE, MID WESTERN AREA) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Payment of compensation.
BACKGROUND:
2. The Union's claim relates to compensation payment for seven canteen / catering staff as a result of the closure of Our Lady's Hospital, Ennis. In November, 1997, it was decided to move the catering personnel from Our Lady's Hospital to St. Joseph's Hospital. In August, 1998, it was announced that Our Lady's Hospital was to close, resulting in the re-location of its services throughout Co. Clare. Following talks between the parties, a compensation package was agreed for staff in November, 2001. The Union's case is that all staff, except for the catering personnel, received this compensation, and the Union is now seeking that they should also be rewarded. The employer has rejected the claim stating that the workers were not part of the Hospital staff at the time of the closure.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th of April, 2005.
UNION'S ARGUMENTS:
3. 1. The Union believes that the decision to re-locate the kitchen staff to St. Joseph's Hospital was the initiation of the closure of Our Lady's Hospital.
2. The closure could not have happened without the cooperation and assistance of the kitchen staff, all of who had considerable length of service.
3. A number of other staff who moved to St. Joseph's Hospital before the announcement of the closure received the compensation package.
EMPLOYER'S ARGUMENTS:
4. 1. At the time the catering staff moved to St. Joseph's Hospital there were no plans to close Our Lady's Hospital. This happened a full year after the kitchen staff moved. The actual closure took place in March, 2002.
2. Staff who received the compensation package were part of the Closure Agreement for Support Personnel. Kitchen staff were not part of this agreement.
RECOMMENDATION:
The Court accepts the view of the HSE that there were two different agreements here. There was, however, it appears, an expectation on the part of the claimants that they were, or would be, party to the closure agreement.
In the circumstances, the Court recommends that, in the unique circumstances of this case, and without creating any precedent for any other or future case, the claimants be paid an ex-gratia sum of €3,200 each in full and final settlement of their claim.
Signed on behalf of the Labour Court
Raymond McGee
12th May, 2005______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.