FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MID-WESTERN REGIONAL HOSPITAL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Chefs working reduced hours wish to return to full-time working.
BACKGROUND:
2. The Health Service Executive Mid-Western Area runs and operates three hospital facilities known collectively as the Mid-Western Regional Hospital. Since the 1980s the H.S.E. has introduced a number of family-friendly initiatives to facilitate full-time employees working reduced hours, initially called the Job-Sharing Scheme, in which 260 employees participated . In 2001 the H.S.E. introduced the Flexible Working- Time Scheme and a further 396 employees participated.
In December 2006 a Chef, after working reduced hours for 13 years, lodged her claim to return to full-time work at the Dooradoyle facility. Early in 2007 another 5 Chefs joined their colleague in requesting a return to full-time work thus resulting in a total additional 41 hours per week requirement. Their request could not be granted as these additional hours were, according to management, not available.
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 5th April, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 5th September, 2007.
UNION'S ARGUMENTS:
3. 1. The Contracts clearly allow a return to full-time working hours at the request of each individual Worker.
2. The Union has identified where hours are available for the grade of Chefs returning to full-time work.
3.Other grades who are 'acting-up' to cover duties are supportive of the Union's action to protect the substantive jobs of Chefs.
COMPANY'S ARGUMENTS:
4. 1. It is not possible to facilitate 6 Chefs returning to full-time work at the Dooradoyle facility due to the lack of available hours.
2. Temporary Chefs were hired to cover those hours left vacant due to job-sharing and flexible working-time arrangements and they now have acquired contracts of indefinite duration and cannot be removed.
3. Requests for return to full-time work are kept under review and as soon as the hours become available management will revert.
RECOMMENDATION:
The dispute before the Court relates to the Union's claim that Hospital Management was not honouring the Flexible Working-Time Scheme when Chefs working reduced hours sought to return to full-time working hours in accordance with the Scheme.
Hospital Management contended that it had made every effort to facilitate the Chefs in their desire to return to full-time working, however, there are only four permanent hours available within its approved posts for assignment, insufficient to meet the needs of the Chefs concerned. Its interpretation of the agreement required it to first of all examine whether requests could be facilitated within the existing unit and then examine availability in all similar posts of equal grade in other units, including other Hospitals within the region. This process was entered into in this manner, however, it was not found possible either to accommodate them and/or alternative positions in other Hospitals were not acceptable to the Chefs concerned.
The "Flexible Working Time Scheme" states:
- "Where individuals currently employed on a wholetime basis are granted reduced working hours they will retain a right to return to wholetime working subject to the availability of such hours in their grade".
Having considered the oral and written submissions of the parties, the Court is satisfied that Hospital Management had interpreted and applied the agreement correctly. Having examined the number of approved permanent hours available, the Court is satisfied that there are four hours available and these should be offered to the applicants in a manner consistent with the agreement.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th October 2007______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.