FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : PEAMOUNT HOSPITAL (REPRESENTED BY A & L GOODBODY, SOLICITORS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Closure of Nurses' Home
BACKGROUND:
2. The Nurses' Home was originally built in the 1950s to accommodate student and cadet nurses. It combines 105 single bedrooms together with ancillary service rooms. The Hospital wishes to close the Home which it says has been declared unsafe for some time. The dispute concerns three workers who are now the only now residents in the Home, and the issue of how they should be accommodated. There was initially a larger number of residents (15-18) but following a conciliation conference at the Labour Relations Commissions (LRC) a compensation package was agreed with all but the three workers concerned. As agreement could not be reached on the three workers the case was referred to the Labour Court on the 13th October, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th January, 2010.
UNION'S ARGUMENTS:
3. 1. The three workers have considerable lengths of service with the Hospital and have always enjoyed accommodation in the Home as part of their employment for which they pay a small rent of €40 per week. They are not seeking an enhanced compensation package but are looking for a relocation/redeployment to a HSE facility near their respective home towns.
HOSPITAL'S ARGUMENTS:
4. 1. There is no dispute between the parties that the Home needs to be closed. The Hospital has been trying since 2006 to find a solution to this issue and all but the three workers concerned have accepted a compensation package. The three workers will be financially able to source alternative accommodation close to the Hospital, which is also seeking alternative employment for the workers.
RECOMMENDATION:
The Court notes that agreement was reached in conciliation on a compensation formula for those vacating the residence in question. The majority of those affected accepted this formula.
The Court recommends that in the special circumstances of the remaining three residents, the following arrangements should apply:-
- The parties should make further efforts to obtain a suitable transfer for the workers concerned over the next 13 weeks.
- If at the end of that period a suitable transfer has not been obtained, the Hospital should assist the workers in obtaining suitable alternative accommodation.
- When alternative accommodation is obtained those associated with the claim should vacate their present accommodation and should be paid compensation in the amount of €7,300 each.
Signed on behalf of the Labour Court
Kevin Duffy
8th February, 2010______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.