FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Rehearing arising from LCR 18181.
BACKGROUND:
2. In April, 2005 a dispute concerning the terms of employment of the full time convenor in the Voluntary Hospitals was the subject of a Labour Court investigation and recommendation. In LCR 18181 the Court recommended as follows;
" .........Having considered the submissions of both sides, the Court is of the view that a review of the convenor position in the Voluntary Hospitals should take place. This review should consider all aspects of the position, including the claim for out of pocket expenses. The Court recommends that the review should be completed by no later than the end of August, 2005........"
A review of the position was undertaken by an Independent Consultant whose report was published in October, 2005 . The report recommended, inter alia, the creation of a new post of Education, Training and Development Coordinator which should be offered to the Claimant and the awarding to him of two payments of €7,000 taxable and €6,500 non-taxable.
The parties entered discussions on the report but agreement was not reached. The dispute was referred to the Labour Court on the 2nd June, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 5th October, 2006.
UNION'S ARGUMENTS:
3. 1. Agreement was not reached on the creation of an entirely separate role for the claimant that would separate him entirely from his current industrial relations role which the Union holds to be hugely important and complex with a wide range of duties and responsibilities.
2. The Union is disposed towards looking at training and development as an additional aspect to the convenor's job if time to carry out the Education and Training duties can be found.
3. While the report recommended payments of €6,500 and €7,000 the latter sum has not been paid to the Claimant. There is no justification for Management's refusal to pay the award of €7,000. The Employer is in breach of the Labour Relations Commission's Code of Practice SI 169 of 1993.
EMPLOYERS' ARGUMENTS:
4. 1. Both parties accepted LCR 18181 and the agreed review was commenced and finalised, with recommendations issued.
2. The terms of reference and the scope of the review were agreed by both parties and it was carried out on that basis. The recommendations from the Independent Consultant are consistent with the terms of reference. Both parties were kept informed of progress and the issues which were arising during the review.
3. The Employers are satisfied that the recommendations of the Independent Consultant were fair and reasonable and afforded the claimant an opportunity of employment which would have regularised his position together with his terms and conditions of employment The Employers consider that the recommendation of the Independent Consultant is the preferable option of bringing this matter to finality.
RECOMMENDATION:
The Court has considered the issues arising from the Recommendation of the Court in LCR 18181, and, noting the commitment made by the HSE at the hearing to pay the convenor's vouched outstanding expenses and to continue to pay them on the same basis, unless and until varied by agreement, recommends as follows:
(1) The TEEU should engage with the L.A.H.S.C.G. in order to establish a single trade union side position going forward.
(2) The HSE should engage with the Dublin Voluntary Hospital Group to mutually establish a position going forward. This should include agreement on the early payment to the convenor of the €7,000 gross sum recommended for the use of his personal facilities.
(3) The parties should re-engage, with the assistance of an IRO of the LRC if necessary, in order to fully and meaningfully discuss the way forward following the issue of the Independent Consultant's report. Such discussions should be concluded by 30th November, 2006.
(4) Any remaining issues outstanding from the discussions outlined at (3) above can be referred back to the Court for final recommendation.
Signed on behalf of the Labour Court
Raymond McGee
16th October, 2006
tod______________________
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.