FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MATER PRIVATE HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Restaurant allowance
BACKGROUND:
2. The dispute concerns the removal of a restaurant allowance to 146 support staff (approximately 15%) in the Hospital. The allowance was worth €35.00 per month per person and had been introduced to all staff in January, 2002. The Hospital made the decision to remove the allowance in January, 2009, as a result of ongoing financial difficulties. The Union is seeking the restoration of the allowance to its members effective from 1st January, 2009, and is also seeking compensation of four times the loss.
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 2nd November, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took
place on the 10th March, 2010.
UNION'S ARGUMENTS:
3. 1. The Hospital made the decision to remove the allowance without any consultation or discussion with the Union. The Union would have been prepared to discuss the situation if asked by the Hospital but was not given the opportunity.
2. Removal of the allowance weighs most heavily on the lowest-paid workers that are party to this claim.
HOSPITAL'S ARGUMENTS:
4. 1. The allowance was introduced at a time when it was financially affordable and as a retention measure. The Hospital had to withdraw the allowance due to severe financial difficulties (details supplied to the Court).
2. The decision was presented to all staff and 85% accepted the Hospital's position; only the support staff have pursued a claim for restoration of the allowance.
RECOMMENDATION:
In light of the potential for a negotiated solution to this dispute that emerged in the course of the hearing, the Court recommends that the parties re-engage with each other, either with or without the help of the LRC, with a view to reaching a mutually acceptable agreement. If the parties fail to reach agreement the Court will hear the parties again and issue a recommendation on the issues in dispute.
Signed on behalf of the Labour Court
Brendan Hayes
25th March, 2010.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.