FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HOSPITAL OF THE ASSUMPTION. (REPRESENTED BY HSE) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH NURSES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr Nash |
1. Compensation for disturbance as a result of building works.
BACKGROUND:
2. The Hospital of the Assumption was first opened on the 9th November 1842. The building was originally a workhouse and has provided services for older persons from 1951 up to 2006. In early 2004 work commenced on building a new hospital for the care of the elderly in Thurles.
The Union are claiming compensation for their members due to the disruption of their working environment caused during the building works at the hospital site.
Management claim that minimisation of disturbance to both patients and staff were a priority from the onset of the project.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 30th May, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th March, 2007.
UNION'S ARGUMENTS:
3. 1.Significant disruption was endured by staff during the three and a half year period of the building works.
2. The Union maintain that their members were advised by Management, prior to the commencement of the new building works, not to raise the issue of compensation for the disturbance until the new building was complete.
3. The Union's members have embraced modernisation and change and this has been acknowledged by Management but it is unacceptable to give impressions that compensation will be addressed and then for nothing to show.
4. The Union's claim is reasonable given the particular circumstances that prevailed at the hospital since 2003 until 2006.
MANAGEMENT'S ARGUMENTS:
4. 1. The HSE West from the onset of the project put in place precautions to avoid disruption to Patients and Staff and detailed specific requirements in the project contract.
2. Staff were consulted and involved in the project from the onset and did not raise a complaint regarding disruption.
3. Staff have already received the positive benefits including an enhanced working environment and a reduced bed capacity in the new facility while maintaining existing staffing levels.
4. Staff have already been compensated through Benchmarking and Sustaining Progress for ongoing change and modernisation of the Health Service.
RECOMMENDATION:
The Unions sought compensation on behalf of their members of four extra days annual leave plus €1000 each, due to the disruption of their working environment during the building works at the Hospital, which commenced in April 2004.
Having examined the level of disruption caused during the building works and the level of co-operation given by staff, the Court recommends that the Hospital should grant two extra days leave on a once off basis, to be taken in the leave years 2007 – 2008, at neutral cost to the Hospital.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th April, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.