FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : OUR LADY'S HOSPITAL CRUMLIN (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. New Rostering Arrangements And Loss Of Earnings.
BACKGROUND:
2. This dispute concerns a claim by nine Clinical Nurse Managers for compensation for loss of earnings arisng from the Hospital's introduction of new rosters for all nursing grades. 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 15th September, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th November, 2009.
UNION'S ARGUMENTS:
3. 1. The Union has cooperated fully with the introduction of the new rosters.
2. The introduction of this new roster has resulted in significant loss of earnings for the nine Clinical Nurse Managers.
3.The Union is seeking compensation equivalent to two years' loss of earnings..
EMPLOYER'S ARGUMENTS:
4. 1. Given the Hospital's grave financial difficulties it is unable to concede this claim.
2. Concession of this claim would inevitably compromise frontline services.
3.Concession of this claim would create an unhelpful precedent both within the Hospital and in the wider public health sector.
RECOMMENDATION:
The Court notes that the Hospital made an offer at conciliation of compensation in an amount equal to once the annual loss involved, but subsequently withdrew the offer for reasons which were explained to the Court.
Having regard to all the circumstances of the case the Court recommends that those associated with this claim be paid compensation in an amount equal to 1.5 times their annual loss of earnings.
Signed on behalf of the Labour Court
Kevin Duffy
7th December, 2009______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.