FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BON SECOURS HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGAINISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Payment For Saturday Work/Surgical Day Ward
BACKGROUND:
2. This dispute concerns a claim for Saturday Premium Pay (Time + 1/2 for first four hours; double time thereafter) by a group of nurses who are rostered to participate in the Surgical Day Ward when the Hospital carries out National Treatment Purchase Fund (NTPF) work. The nurses are seeking the same premium payments paid to Theatre and Endoscopy nurses.
This 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 2nd January 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd October 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. Nurses in the Surgical Day Ward only work on Saturday to facilitate NTPF work and they are only seeking parity with nurses in Theatre and Endoscopy who also work on Saturday to facilitate NTPF work.
2. The nurses are contracted for the number of hours worked and not, as the Hospital claims, for a given number of days.
3.Concession of this claim would not give rise to knock-on claims as it is specific to a group of nurses who work Saturday to facilitate NTPF work.
HOSPITALS'S ARGUMENTS:
4. 1. The nurses can be rostered to work a six day roster when required by the Hospital.
2.Concession of this claim would give rise to knock-on claims by unions across the Hospital.group.
3.Concession of this claim would make it uneconomic for the Hospital to continue doing NTPF work.
RECOMMENDATION:
Having considered the arguments made by the parties, the Court agrees that the nurses concerned, when required to work in the Surgical Day Ward on Saturdays on NTPF work, should receive premium payments equivalent to those paid to theatre and endoscopy nurses.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
14th November, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.