FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Access for Home Helps in Voluntary Organisations to Defined Pension Scheme similar to that provided for Home Helps in the employment of the HSE as provided for under Circular 23/05
BACKGROUND:
2. In 2006, a High Level Group, comprising representatives of the HSE, the Department of Health, IMPACT and SIPTU, was established in order to review the existing models of Home Help service provided. A Final Report was issued in June, 2007. The Report addressed a number of issues outstanding from a previous adjudication of 2005, including the issue of a relevant pension scheme for those providing Home Help services. Home Help services are supplied by either direct provision by the HSE or by voluntary agencies contracted to provide services through a service level arrangement. The HSE's case is that the issue of pension access for Home Helps directly employed by the HSE was addressed by the Department of Health & Children's circular 23/2005, and that access to the scheme is strictly limited to those employed directly by the HSE, i.e. it is not available for Home Helps employed by the voluntary agencies as the Union is seeking. The Union is, in part, relying on the Report of 21st June, 2007, which states
"In this regard it is recognised that following adjudication findings in 2004 it was accepted by the parties that similar arrangements would apply in the public & voluntary sectors."
The dispute was referred to the Labour Relations Commissions and two conciliation conferences took place. Management proposed a defined contribution scheme for the workers concerned but the Union, which is seeking a defined benefit scheme, rejected the proposal. The dispute was referred to the Labour Court on the 19th May, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th July, 2008.
UNION'S ARGUMENTS:
3. 1. The matter has been outstanding since 2000. The Union claim has been consistent that those employed in the voluntary organisations should be treated that same as HSE employees.
2. The employer has failed to implement the terms of the Adjudication Reports which were quite clear in their findings and support the Union's claim. The Expert Group Report of 2007 also acknowledges the Adjudication Reports.
HSE'S ARGUMENTS:
4. 1. Access to a defined benefit scheme is strictly limited to Public Servants or employees of the HSE. In the case of the workers covered by the claim the HSE is not the employer. The employers are some 33 voluntary agencies that are contracted on behalf of the HSE to provide a range Home Help services.
2. The claim for a defined pension scheme on a par with that provided to Home Helps employed by the HSE will have serious financial implications for the voluntary agencies which are the employers. It would also have a consequential knock-on effect throughout the Health Sector.The claim is cost increasing and there are no funds available to pay for it.
RECOMMENDATION:
The Court has considered the submissions of the parties and their differing interpretations of the 2004, 2005 and 2007 documentation on this subject. The Court has also noted the proposals put by the HSE and rejected by the Union at conciliation.
With a view to their arriving at a mutually satisfactory consensus of opinion, the Court recommends that the parties re-engage, with the assistance of the conciliation service of the Labour Relations Commission if necessary, on a meaningful basis with the declared aim of agreeing the most appropriate final resolution of this long-running case which will benefit appropriately the largest number of claimants. Given the time elapsed, this process should conclude by 30th September, 2008, with the parties having the facility to return to the Court for a definitive recommendation if not resolved.
Signed on behalf of the Labour Court
Raymond McGee
28th July, 2008______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.