FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST VINCENTS PRIVATE HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Free Meals
BACKGROUND:
2. The dispute refers to a decision by the Hospital in February, 2008, to withdraw the facility of free meals to a number of nurses in the Theatre Staff. The Hospital listed a number of economic difficulties it was facing, including the staff defined-benefit pension scheme. The facility had been in operation since December, 1991, following an agreement between the parties. The Hospital had twice tried to buy out the free meal - in 2002 and on the 22nd March, 2006, when it made the following offer:
Under two years of service - €922
2 to 5 years' service - €1626
5 to 10 years' service - €1897
10 to 20 years' service - €2168
Over 20 years' service - €2494
The offer was not accepted by the Union. The Union claims that an improvement on the above offer was made in July, 2008, but it was not formalised.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 19th February, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th April, 2009.
UNION'S ARGUMENTS:
3. 1. The decision by the Hospital to remove the free meals was unilateral despite the Union's attempt to have discussions on the issue. Staff had enjoyed the benefit of free meals for 17 years. It is a condition of employment and members are angry and disappointed at management's attitude.
2. Staff have offered to generate the same savings and more that management is seeking in withdrawing this condition of employment.
HOSPITAL'S ARGUMENTS:
4. 1. The Hospital is faced with a changing economic environment. The removal of the free meals is part of cost-saving arrangements. The annual saving to the Hospital is approximately €60,000
2. The removal of the free meals was deferred until January, 2009, following consultation with the Union. All staff continue to benefit from subsidised meals in the coffee shop and subsidised off-site parking.
3. The Hospital made a further offer of two days' annual leave on a once-off basis in place of the free meals but this was also rejected.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends that the offer of compensation for the discontinuation of the benefit at issue made by the Hospital on the 22nd March, 2006, should be reinstated.
That offer should be accepted in full and final settlement in return for the discontinuance of the benefit on the terms proposed by management.
Signed on behalf of the Labour Court
Kevin Duffy
27th April, 2009______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.