FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOCIAL ACTION GROUP (ST JOSEPH'S DAY CARE CENTRE) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Pay, Pension and Sick Pay
BACKGROUND:
2. The Group was founded in 1975 and today caters for the needs on young and elderly people. The Union is seeking the introduction of a pension scheme and a sick pay scheme and for an improvement in pay on behalf of grades which include Nurse, Chef, Clerical, Bus Driver and Care Assistant. For the sick pay and the pension schemes the Union is seeking the same as applies in the HSE. It is seeking the following pay scales:
Health Care Assistants - €29,916 to €34,763
Bus Drivers - €29,916 to €34,763
Support Staff - €28,952 to €32,189
The Group's case is that it cannot afford to pay any of the Union's claims.
The dispute was referred to the Labour Relations Commissions and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 15th April, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th March, 2009, in Tralee.
UNION'S ARGUMENTS:
3. 1. At present the workers have no pension scheme or sick pay scheme. Whilst some of the grades are paid in line with HSE rates the three groups mentioned above are paid less than comparators in the HSE.
GROUP'S ARGUMENTS:
4. 1. The Group is financed by a substantial grant from the HSE (and income raised from meals) and is totally dependent on it. The grant for 2009 is being reduced by €21,000 which will place a huge strain on the Group's financial resources. Any changes would have to be provided by the HSE. All wages are being paid in line with direction from the HSE.
RECOMMENDATION:
The Court recommends that the claim made by the Union should be conceded in line with how similar situations elsewhere have been dealt with.
Signed on behalf of the Labour Court
Raymond McGee
17th April, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.