FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. 1. Upgradings for Chefs 2. Upgradings of Head Orderly and Assistant Head Orderly.
BACKGROUND:
2. The issue before the Court concerns a claim by the Union for the application of the Report of the Export Group on Cooks (Cooks Report). In May 1999 an expert group was assembled to produce a detailed report on the working arrangements for Cooks in the HSE. The Cook Report covered a number of issues including training, qualifications and grading. The Union are seeking the implementation of the Report at Wexford General Hospital as it argues that the grading structure there is in direct breach of that recommended by the Report. The HSE contends that it is not in a position to implement the upgradings and promotions provided for in the Report.
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 16th April, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th May, 2011.
UNION'S ARGUMENTS:
3. 1 The current grading structure for chefs is totally inadequate to meet the responsibilities related to operating a catering section the size and nature of that at Wexford General Hospital.
2 The Union are seeking the implementation of the appropriate structure as agreed under the Cooks Report
COMPANY'S ARGUMENTS:
4. 1 Due to the Government imposed Moratorium no such promotions can be progressed at present.
2 The local management in good faith, sought the implementation of the Cooks Report, however approval was not forthcoming.
RECOMMENDATION:
The Union's claim is for the implementation of a Expert Group Report on Working Arrangements of Cooks. The recommendations of that report were accepted by all parties. It is not disputed that the current grading structure is not in accordance with the terms of that report. The HSE have acknowledged that it would wish to implement the terms of the report but told the Court that it is unable to do so because of the moratorium on recruitment and promotion.
Clearly the HSE is bound by the decision of Government contained in the moratorium and the Court cannot recommend that it act contrary to that decision. Consequently any solution to the current dispute must be found within the constraints of the moratorium.
The Union indicated in the course of the hearing that it believed that an exception to the terms of the moratorium could be obtained in this case. The court recommends that the Union's position in that regard should be elaborated and if it provides a genuine basis upon which this claim can be advanced its potential should be jointly explored.
Signed on behalf of the Labour Court
Kevin Duffy
13th June, 2011______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.