FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COUNTY WEXFORD COMMUNITY WORKSHOP (ENNISCORTHY) LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Retrospective payment
BACKGROUND:
2. The County Wexford Community Workshop (the Workshop) is a voluntary organisation which provides day and residential service for people with intellectual disabilities and is funded by the HSE. The claim is on behalf of eight Social Care Workers (formerly Houseparent Grade) and is for full application of the Department of Health Pay Scale for Social Care Workers for the period 1st February, 2002 to December, 2004. The Union's case is that, following the Public Service Benchmarking Report in June, 2002, which confirmed 1st February, 2002 as the date of implementation, management at the Workshop advised the workers concerned that Benchmarking would not apply to them as the South Eastern Health Board (SEHB) was refusing to fund it.
The dispute was the subject of a conciliation conference at the Labour Relations Commission (LRC) in November, 2004. One of the proposals that emerged was that an Independent Consultant be appointed to examine the dispute, and he issued a number of recommendations in his report, including that retrospection should be paid. The Workshop appealed to the HSE for additional funds for the workers concerned and on 9th October, 2008, €55,247 was made available to them. Shortly afterwards an additional €32,700 became available for retrospective payment making a total of €87,947. The €32,700 was rejected by the workers as they felt it was insufficient.
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 18th March, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 19th March, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. Throughout the years of this dispute the workers concerned have remained loyal, committed and conscientious employees of the Workshop.
2. The Independent Consultant recommended"That Retrospective Arrangements in respect of the implementation of Revised Salaries for Social Care Workers should be granted on the same basis as applied to other Soc. Care Workers in the Health Service."
3. The LRC proposals from November, 2004, recommended that"The SEHB should be requested to fully fund the implementation of the S.C.W. scale."
WORKSHOP'S ARGUMENTS:
4. 1. It is the Workshop's contention that terms of reference did not include retrospection but as it was recommended in the Independent Consultant's report the Workshop wrote to the HSE and eventually received €87,947 which it has made available to the workers concerned. The Workshop has been advised that no further funds will be made available.
2. Concession of this claim could result in far-reaching knock-on claims. It should be noted that the workers concerned have 11 extra days' annual leave than their fellow employees.
RECOMMENDATION:
It is noted that the employer is entirely dependant on external funding by the HSE to meet the cost of any concession made on foot of this claim.
It is further noted that the HSE has made funding in the order of €87,947 available to settle the claim.
Having regard to the current state of the public finances and its effect on the resources available to all public bodies, the Court does not believe that there could be any reality in seeking additional funding from the HSE to meet the current claim.
In all the circumstances the Court recommends that the Union accept the employers final offer in full and final settlement of its claim for retrospection.
Signed on behalf of the Labour Court
Kevin Duffy
5th May, 2009.______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.