FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TALLAGHT HOSPITAL (REPRESENTED BY THE HSE-EA) - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Pay Claim
BACKGROUND:
2. The worker is employed as a Ward Attendant/Health Care Assistant in Tallaght Hospital. Her claim is for a payment of €2,750 as a result of undertaking a core-caring/skills-training course. A similar case involving workers who had participated in a Pilot Training Programme was before the Labour Court in 2003 and LCR17530 issued on the 23rd of June, 2003. The case had originally been before an independent adjudicator who recommended that those who participated in the Pilot Training Programme should receive €2,750. When the case came before the Court it recommended that the dispute should be referred back to the adjudicator.
The worker referred her case to the Labour Court on the 2nd of April, 2003, in accordance with Section 20(1) of the Industrial Relation Act, 1969. A Labour Court hearing took place on the 15th of October, 2007. The worker agreed to be bound by the Court's recommendation.
WORKER'S ARGUMENTS:
3. 1. The worker was led to believe that the course she attended was an NCVA course which would be recognised worldwide. Now it is only recognised in Tallaght Hospital.
2. Attendants at St. Mary's in the Phoenix Park who did the Pilot Course, Core course, and the FETAC course were paid for all the courses they did.
HOSPITAL'S ARGUMENTS:
4. 1. The Hospital has paid €2,750 to all care-attendents covered by the adjudication report. It was clearly understood and agreed that the outcome of the adjudication was binding, and that there would be no subsequent claims.
2. If the worker's claim were conceded it would have to be paid to a number of her colleagues and would generate a financial liability for the Hospital for which funding has not and will not be provided.
3. Health Care Assistants in other hospitals previously completed the core-care skills training course and were not paid the €2,750.
RECOMMENDATION:
The Court, in considering this claim, must be mindful of LCR 17530 in which essentially the same case was heard. When, as recommended by the Court, that matter was referred back to the Arbitrator, no result was forthcoming.
There is, therefore, no good reason in this case why the Court make a further Recommendation along these lines when it cannot succeed.
The Court, while not making any Recommendation on compensation, recommends that the Hospital should examine ways to gain proper accreditation for the course undertaken by the claimants, whether in its own right or by means of any necessary upskilling.
Signed on behalf of the Labour Court
Raymond McGee
8th November, 2007______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.