FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ABILITY WEST (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Application of Unsocial Hours Premium for Social Care Workers
BACKGROUND:
2. This case concerns a dispute between SIPTU, IMPACT and Ability West in relation to the application of unsocial hours premia to Social Care Workers employed by the service.
The Unions are seeking the application of the premia in line with the provisions of the relevant Government Circular.
Management accepts the validity of the claim but is unable to meet the costs associated with its concession.
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 23rd December, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 10th March, 2010 in Galway.
UNION'S ARGUMENTS:
3 1 The Social Care Worker grade is covered by Department of Health and Children Circular 28/2004 which provides that unsocial hours permia be paid. The Unions (on behalf of the workers) are seeking that the workers receive their full entitlements.
COMPANY'S ARGUMENTS:
4 1 Management cannot sustain the cost of the Unions claim. The current budegtary restrictions as well as future reductions will create greater financial difficulties for the organisation going forward.
RECOMMENDATION:
On behalf of Social Care Workers employed at Ability West, the Unions sought implementation of Department of Health and Children Circular 28/2004, dated 25th August 2004, which provided for an unsocial hours premium for this category of staff. Management held that it has insufficient funds to meet the costs associated with concession of the claim.
The Court notes that it is not disputed that the Social Care Workers in Ability West meet all the criteria laid down in the Circular. Accordingly, the Court is of the view that Circular 28/2004 should apply to this category of workers employed by Ability West and therefore recommends concession of the Unions’ claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th March 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.