FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BROTHERS OF CHARITY SERVICES, GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Holiday For Care Assistants
BACKGROUND:
2. This dispute concerns a claim for an increase in the annual leave entitlement of Care Assistants in the Brothers of Charity to the equivalent of what Childcare Workers in the HSE get. Since the 1990s the pay of Care Assistants has been linked to Childcare Workers. In 2001 Childcare Workers got increases in annual leave and the Union is now seeking the same leave entitlement for Care Assistants.
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 30th 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. There is an established pay link between Care Assistants and Childcare Workers since the 1990s. This was accepted and continued by the Benchmarking report awarding Care Assistants the same percentage pay increase as Childcare Workers.
2.This established pay link was accepted and continued by the Benchmarking report awarding Care Assistants the same percentage pay increase as Childcare Workers..
3.Care Assistants have the lowest annual leave entitlement of any worker in the residential care sector.
EMPLOYERS'S ARGUMENTS:
4. 1. As this claim is cost increasing it is prohibited under the terms of 'Towards 2016'.
2. Concession of this claim would jeopardise front line services as it would not be funded by the State.
3.Concession of this claim would result in knock-on claims from across the health sector nationwide.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court's view is that this claim is one which is debarred as a cost-increasing one under the provisions of 'Towards 2016'. The Court cannot, accordingly, recommend concession at this time of such a claim.
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.