FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - MEDICAL LABORATORY SCIENTIST ASSOCIATION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. 1. Out of hour’s payment in respect of midnight to 8am Monday to Friday. 2. Rate of payment for stand-by off-site. 3. Compensation for loss of earnings and phasing of compensation.
BACKGROUND:
2. Due to the extension of the working day for Medical Scientist and Biochemist laboratory staff, a revised method of payment is proposed by the HSE. The Unions have proposed an alternative compensation arrangement which differs in the detail. Agreement has been reached on most aspects of the payment arrangements to apply with the exception of three main issues, out-of-hours payments, stand-bye off site payments and loss of earnings and the phasing of compensation for this loss.
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 18th January, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 28th January, 2011.
UNION'S ARGUMENTS:
3. 1 The introduction of the revised working arrangements and revised out-of-hours remuneration payments will result in substantial loss of earnings for staff that work regular routine emergency on-call rosters.
2. Those who have participated in emergency sessional work over many years will now have no access to out-of-hours premiums. The change is greater than normal on-going change and is beyond the terms laid down under the Public Service Agreement.
COMPANY'S ARGUMENTS:
4. 1. The HSE has being tasked with the delivery of 2010 service levels with a further reduction in budget of €746 million in 2011. The HSE will review the impact on staff regarding changes in their remuneration at a future date.
2. The Public Service Agreement recognises the requirement for the Public Service to deliver services in a leaner and more effective manner, taking regard of the significant advancements in laboratory technology, and clinical practice while focusing on the needs of the citizen.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends as follows in relation to each to the items referred to the Court:
Out of hours payment from midnight to 8am, Monday to Friday
The Court recommends that the rate applicable for this period should be calculated by dividing the current sessional rate of €262.88 by 5.5 giving an hourly rate of €47.80.
Rate of Payment for stand-by off site
The Court recommends that the Stand-By rate payable to Theatre Nurses employed by the HSE should be applied to those associated with this claim.
Compensation for Loss of Earnings and Phasing Arrangements
The Court recommends that the compensation for actual loss of earnings arising from the new arrangements be calculated on the basis of 1.5 times the actual loss. The level of loss should be established in each case by comparing earnings in a full twelve month period in which the new arrangements has been in operation with a corresponding period in which the current system operated. The detailed arrangements in that regard should be agreed between the parties.
In terms of phasing the Court recommends that a first moiety of 50% of the compensation due should be paid 12 months after the new arrangement become operational. The remaining 50% of the amount due should be paid six months thereafter.
Signed on behalf of the Labour Court
Kevin Duffy
3rd February, 2011______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.