FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ISS FACILITY SERVICES - AND - UNITE DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Extension of Working Day.
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to a proposed change in working hours of cleaning staff employed by the Company at Waterford Regional Hospital. Management's position is that the hospital has requested a change of working hours so that cleaning staff are not carrying out their work while out-patients are attending the hospital. The proposal is that workers commence work one hour later and finish work one hour later. The Union's position is that the current working hours of 4pm-8pm should be retained and where difficulties arise staff be relocated within the hospital. It further contends that the current hours of work should be retained to facilitate the workers in fulfilling their domestic responsibilities.
The dispute was not 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 matter was referred to the Labour Court on 30th June, 2010 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 17th November, 2010 the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 There are only a small number of staff involved in the current proposal to change start and finishing times. As all these staff have domestic responsibilities which require them to finish work at the earlier time, they could be relocated within the hospital.
COMPANY'S ARGUMENTS:
4 1 This proposal is being put forward as a result of a request from the Company's client. The Company is not driving the change and is attempting to facilitate its customer and take the needs of its staff into consideration.
RECOMMENDATION:
Having regard to the submissions made by the parties the Court recommends that the proposed new working hours be accepted subject to the following: -
1. The start and finishing times on Friday should remain unchanged
2. Those affected should be given a once-off allocation of two additional days annual leave in the next leave year
Where any individual can show that they have particular difficulty, for objective reasons, with working the new attendance hours, the Company should seek to accommodate their transfer to any vacancies that might arise elsewhere in the Hospital where the old working hours patterns is retained.
Signed on behalf of the Labour Court
Kevin Duffy
8th December 2010______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.