FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KILLARNEY COMMUNITY SERVICES LTD (REPRESENTED BY DOWNING COURTNEY AND LARKIN) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION KERRY NURSES AND ALLIED GRADES BRANCH DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Pay, Pension, Sick Pay
BACKGROUND:
2. The case before the Court concerns a claim by the Union on behalf of its members concerning rates of pay, the introduction of a pension scheme and a sick pay scheme. The Unions members are employed at various grades. The employer is a voluntary organisation managed by a committee of volunteers. It is funded by the Health Service Executive and voluntary contributions. The employer's position is that it cannot make changes to the terms and conditions of the workers as funding is not available to do so.
The 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 April, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th October, 2009
UNION'S ARGUMENTS:
3. 1 The Union is seeking access for its members to the same pension scheme and sick pay scheme that applies to Health Service Executive Staff South. The Union is also seeking salary scales with appropriate pay links to staff employed in the Health Service Executive South, who are performing similar duties.
COMPANY'S ARGUMENTS:
4. 1 The Employer cannot make any changes in respect of pay and other working conditions without such changes being funded by the Health Service Executive.
RECOMMENDATION:
The Court notes that the employer accepts the validity of the Union's claim but is unable to concede it in the absence of the necessary funding. In there is, accordingly, no dispute between the parties on the merits of the claim.
In these circumstances the Court recommends that the claim be conceded and that the question of funding be approached jointly between the parties.
Signed on behalf of the Labour Court
Kevin Duffy
23rd October, 2009______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.