FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE EMPLOYER AGENCY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Claim for Pension and Sick Pay entitlements for Home Help Organisers and Assistants Eastern Region.
BACKGROUND:
2. The dispute concerns 80 voluntary home help workers who provide a home help service for the H.S.E. Eastern Region. The Union claims that the HSE Eastern Region is unwilling to progress a Union claim for pensions and sick pay entitlement for home help organisers and assistants in the Eastern region.
The dispute was referred to the Labour Court on the 1st November, 2005 in accordance with Section 20(2) of the Industrial Relations Act, 1969 and both parties agreed to be bound the recommendation. A Labour Court hearing took place on the 2nd February, 2006.
UNION'S ARGUMENTS:
3.1 Home help organisers and assistants operate in all aspects of their work as de facto public servants. They operate from HSE premises and interact with HSE community care, administrative, nursing, therapy and other professionals.
2. If the home help service in the Eastern Region was not provided by these workers, it would have to be provided directly by the HSE or alternative providers. If services were directly provided, standard Public Service pensions and contributions would apply.
3. If the services were provided by alternative service provider they would most likely be a member of the Nominated Health Agencies Superannuation Scheme (NHASS) Pension Scheme.
4. The NHASS is a public service type scheme, funded on a pay as you go basis with the standard public service formula for pension calculation and indexation applying. The funding agencies take full responsibility for the employers costs in pension provision.
5. The Union argues that HSE Employers Agency are in breach of Section 17.5 of Sustaining Progress which states "...both Unions and employers are committed to promoting the introduction of occupational (Pension) schemes for those employees without access to such schemes...."
MANAGEMENT'S ARGUMENTS:
4.1 Any claim on behalf of home help organisers cannot be dealt with in isolation to all outstanding issues concerning home help services, including the terms and conditions of staff.
2. In correspondence to the Union dated 13th January, 2006, Management proposed the establishment of a high level group. One of the specific issues to be addressed as part of this process is"terms and conditions of home help organisers and other support staff employed in the voluntary organisations".
3. It is Management's view that the complex nature and lack of standardisation in relation to the provision of home help services has made it difficult to ensure consistency across the service. However, notwithstanding this, it is Management's position that the only forum in which all outstanding and related issues regarding the provision of home help service can be addressed is through that of the high level group as agreed with the Unions.
4. The specific issues raised by Union, ie pensions/sick pay are clearly included in as part of the work to be undertaken by the high level group and therefore to deal with them in isolation is not considered feasible or appropriate.
RECOMMENDATION:
The case before the Court under on 20(2) of the Industrial Relations Act, 1969 relates to a claim by the Union that the HSE-EA are unwilling to progress a claim for the introduction of pension and sick pay schemes for Home Help Organisers and Assistants in the Eastern Region.
Having considered the submissions of both parties, the Court is satisfied that the HSE-EA has shown a willingness to progress the claim. Reference was made to the Employer's commitment to establish a High Level Joint Working Group involving management and staff representatives to address certain issues pertaining to the standardisation of home help organisers and other support staff within the home help services, including the issue of their terms and conditions of employment. HSE -EA accepted that the introduction of pension and sick pay schemes will form part of that group and committed to deal with these issues before the end of 2006. The Court notes that the Unions have agreed to become involved in that process.
The Court is of the view that the High Level Group should be allowed to carry on its functions; the terms of reference should include consideration of the introduction of a pension and sick pay scheme within the context of its reference to terms and conditions of employment. This process should be completed as expeditiously as possible and within the timeframe envisaged by the Employer's Agency.
The Court recommends accordingly.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th February, 2006______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.