FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FEDERAL SECURITY SERVICES (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LIMITED) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Site allowance, acting-up allowance, holiday pay, night allowance
BACKGROUND:
2. The Company took over Sheehans Security Company in April, 2004, and has supplied a security service to Kerry General Hospital since then. In 2006 the Union raised a number of issues of which the following are still outstanding:-
Site allowance:the Union maintains that because of the extreme circumstances that apply in Kerry General Hospital a site-specific allowance of €60.00 should apply.
Acting-up allowance:it is the Union's contention that the senior security officer on site at any given time is the de-facto supervisor and should be paid an appropriate rate of remuneration.
Holiday pay:the Union claims that the workers concerned are owed large amounts of annual leave from their time with Sheehans. The Company has acknowledged that there is some shortfall in holiday pay.
Night allowance:the Union claims that the workers are only being paid night allowance on a proportionate basis - 75% of a night attracted 75% of the relevant allowance. The Union is seeking that the full night allowance should be paid even if the full 12-hour shift (8.00 p.m - 8.00 a.m.) is not worked.
The dispute was to the Labour Relations Commissions and a conciliation conference took place. As the parties could not reach agreement the dispute was referred to the Labour Court on the 3rd of July, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st November, 2007, in Listowel.
UNION'S ARGUMENTS
3. 1.Site allowance:Kerry General Hospital has a high proportion of violent incidents with particular reference to the Accident and Emergency Department of the Psychiatric Department. The workers concerned are constantly expected to interpose in dangerous situations for which they are not adequately compensated financially.
2.Acting-up allowance:the senior security officer is expected by the Company to act-up in the role as supervisor for either incidental or administrative purposes.
3.Holiday pay:The Company has already acknowledged that there holiday pay due to the workers from their time with Sheehans. This resulted from employees working a 48-hour week but only being paid for 40 hours when taking holiday leave.
4.Night allowance:The Company is in breach of all Employment Regulation Orders pertaining to the security industry by not applying the full night allowance per night shifts as defined.
COMPANY'S ARGUMENTS:
4. 1.Site allowance:the circumstances pertaining in Kerry General Hospital are not unique to the workers concerned.
2.Acting-up allowance:It is not unusual, particularly at night, for where night officers would not have a supervisor but would be responsible for operating the site regardless.
3.Holiday pay:The Company made an offer at the conciliation conference in regard to holiday pay but it was rejected by the Union. The Company believes that it would be more appropriately dealt with under the Organisation of Working Time Act.
4.Night allowance:The Company made an offer to make a payment to cover 2006 but this was rejected.
RECOMMENDATION:
Having considered the submissions made to it by the parties, the Court recommends as follows:
(1) - Site allowance: The Court does not recommend concession of this claim.
(2) - Acting-up allowance: The Court does not recommend concession of this claim
(3) - Holiday pay: The Court recommends concession of this claim with effect from the date of takeover.
(4) - Night allowance: The Court recommends concession of this claim with effect from the date of takeover.
Signed on behalf of the Labour Court
Raymond McGee
14th November, 2007______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.