FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST - AND - MLSA DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Compensation For Loss Of Earnings / Disturbance
BACKGROUND:
2. The claim before the Court is for compensation for loss of earnings and disturbance due to the closure of the laboratory in Monaghan General Hospital and the transfer of five Union members to Cavan General Hospital. A review of Health Services in the North East was completed in June 2006. The resultant report recommended the transfer of acute services from Monaghan General Hospital to Cavan General Hospital. Negotiations took place between the HSE and Unions resulting in the transfer of the five Medical Scientists to Cavan with their salary, terms and conditions protected. There was no agreement on the issues of compensation for disturbance, loss of on-call earnings or loss of promotion potential.
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 4th October, 2009. A labour Court hearing took place on the 19th January, 2010.
UNION'S ARGUMENTS:
3. 1 There was a complete loss of on-call earnings for the five workers concerned for six months, from the closure of the Monaghan laboratory until the redeployed staff were trained and accredited to take part on the Cavan on-call rota.
2 There is a loss in on-call earnings going forward due to the lower average on-call earnings in Cavan. It is the Unions view that twice the annual loss should be paid in this case to the Medical Scientists as they have suffered a significant and permanent loss of earnings.
3 The claim for compensation for disturbance is on the basis of increased travel time and milage and diminished promotional prospects. These Medical Scientists are now further disadvantaged by the greater competition for promotional posts in Cavan.
COMPANY'S ARGUMENTS:
4. 1 In the current economic climate, the HSE cannot countenance a claim of this nature.
2 While the inconvenience caused to the staff members in this case is fully acknowledged, compensation cannot be contemplated. Jobs have been retained. Prior precedent, which occurred in different economic times is no longer valid.
3 In regard to future loss of earnings, there is absolutely no evidence to demonstrate that the employees will suffer a loss of earnings. It is the position of the HSE that the figures set out by the Union for on-call earnings are inflated and inaccurate.
RECOMMENDATION:
In formulating this recommendation the Court has taken full account of the financial circumstances of the HSE and the extent of the actual and potential loss of earnings suffered by the Claimants. The Court also accepts that some savings will accrue to the HSE from the rationalisation of services which gave rise to these claims.
Having regard to these and all other relevant considerations the Court recommends as follows:-
Compensation for initial loss of on-call payment
The Court recommends that compensation equal to 50% of the actual loss suffered in each case be paid to those affected.
Ongoing loss of on-call payments
The Court recommends that the actual loss of on-call payment (if any) be established after the transfer has been in operation for 12 months. Compensation should then be paid equal to once the annual loss established in the case of each individual affected.
Disturbance including loss of promotion potential
The Court does not recommend concession of this claim
Signed on behalf of the Labour Court
Kevin Duffy
25th February, 2010______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.