FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE ADELAIDE AND MEATH HOSPITAL (REPRESENTED BY THE ADELAIDE AND MEATH HOSPITAL) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Pay Claim.
BACKGROUND:
2. The Worker is employed as a Ward Attendant/Health Care Assistant in the Adelaide & Meath Hospital. Her claim is for a payment of €2,750 as a result of undertaking a core-caring/skills-training course. Similar cases involving workers who had participated in a Pilot Training Programme have been before the Labour Court, most recently in LCR19051 and LCR19052, issued on the 8th of November, 2007. 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 28th of March, 2003, in accordance with Section 20(1) of the Industrial Relation Act, 1969. The Worker agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 2nd of April, 2008. The Worker did not attend this hearing or make a written submission to the Labour Court.
EMPLOYER'S ARGUMENTS:
3. 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:
In previous Recommendations the Court has taken the position that the payment of monies for participation in a pilot training programme was finally dealt with in findings of the independent arbitrator. The outcome of that arbitration cannot be reopened at this stage.
In Recommendations LCR19051 and LCR19052 the Court held that the Hospital should examine ways to gain proper accreditation for the course undertaken by the Claimant. This, the Court recommended, should be by way of accreditation for the course already undertaken or by means of upskilling.
The Court again recommends that the Hospital take all necessary measures to achieve that objective.
Signed on behalf of the Labour Court
Kevin Duffy
11 April, 2008.______________________
JMcC.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.