FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ADELAIDE & MEATH HOSPITAL - AND - MEDICAL LABORATORY SCIENTISTS ASSOCIATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Claim for compensatory rest periods in respect of Friday & Saturday Nights
BACKGROUND:
2. This case concerns a dispute between the Medical Laboratory Scientists Association (MSLA) and the Adelaide and Meath Hospital in relation to a claim for paid compensatory rest periods in respect of on-call arrangements for Friday and Saturday nights (12.00am-9.00am). The Union is claiming that the rest periods be paid as applies from Sunday - Thursday nights for Medical Scientists and to other grades in the hospital for all nights on-call.
Management's position is that the claim is cost increasing and cannot be sustained. It also contends to be compliant with the Organisation of Working Time Act, 1997 with regard to the provision of compensatory rest periods.
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 matter was referred to the Labour Court on 11th July, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 6th September, 2007, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 Paid compensatory rest periods apply from Sunday - Thursday for the claimants in this case and to all nights covered by certain other grades . It is unacceptable that the claimants in this case be treated less favourably than comparable grades alsoemployed by the Hospital
2 A national precedence also exists whereby Medical Scientists and other health care profesionals employed in other hospitals receive a paid day off for working on-call on Friday/Saturday nights.
3 It is unreasonable to expect that, having provided emergency on-call cover over Friday/Saturday nights, the Medical Scientists must rest over the week-end at their own expense. This has a significant effect on the personal/family lives of these workers who provide an excellent level of care to patients at all times.
4. In an attempt at resolution, it has been suggested that the period of rest be covered on a cost neutral basis from within the roster.
COMPANY'S ARGUMENTS:
4 1 The claim is cost increasing and precluded under national wage agreements. Management are also fully compliant with the Organisation of Working Time Act, 1997 and the relevant Code of Practice on the issue of compensatory rest periods.
2 Concession of the claim would not only be unsustainable but it would also have repercussive effect throughout the hospital and the sector.
3 The suggestion to cover the rest period from within the roster was not feasible as it would negatively effect the quality of care to patients.
RECOMMENDATION:
The Union submitted a claim before the Court on behalf of Medical Scientists for paid
compensatory rest periods in respect of Friday and Saturday night’s on- call work
arrangements. The Union confirmed for the Court that the Hospital are in compliance
with the Organisation of Working Time Act, 1997 and the Medical Scientists receive the
compensatory rest for the time worked, in accordance with the Act. However, it sought
to have such time off paid.
Having examined the claim, the Court is of the view that this is a cost-increasing claim
and therefore does not recommend concession of the claim. However, the Court is of the
view that this is an issue which needs to be addressed at national level and accordingly
recommends that it should be addressed as part of the forthcoming discussions
provided for by “Towards 2016” on implementing a new system of service for
laboratories.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th Sept 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.