FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST JAMES'S HOSPITAL - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Work related to Fire Alarms.
BACKGROUND:
2. This dispute arose from the Hospital's decision to transfer work related to fire alarms from the Hospital's electricians to security personnel who are not direct employees of the Hospital. This dispute was the subject of a Conciliation Conference held under the auspices of the Labour Relations Commission but, as no progress could be made, both parties requested that the dispute be referred to the Labour Court for a full hearing and, in accordance with Section 20(2) of the Industrial Relations Act, 1969, both parties agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 3rd September, 2010.
UNION'S ARGUMENTS:
3. 1. This dispute arose from the Hospital's decision to ignore well-established local procedures and impose change unilaterally.
2.This work has been carried out by the Hospital's fully-qualified electricians for over 30 years.
3.This work should be returned to the electricians.
EMPLOYER'S ARGUMENTS:
4. 1. The Hospital must be allowed make effective and cost-efficient use of its staff.
2. This work does not need to be done by qualified electricians.
3.The Hospital did consult with the electricians before this work was transferred to security personnel.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties and recommends that the dispute be resolved on the following terms: -
•That the workers concerned be compensated on the basis of 1.5 times' the annual loss of earnings arising from the transfer of the disputed work to the security staff.
•Earnings from the relevant associated call-out duties in 2009 be used as the reference year for the purpose of determining the annual loss.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
16th September, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.