FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CEDAR HOUSE NURSING HOME LIMITED - AND - A WORKER (REPRESENTED BY IRISH NURSES' AND MIDWIVES' ORGANISATION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Parity of pay and terms and conditions of employment.
BACKGROUND:
2. The case concerns a claim by a Nurse who is seeking parity of pay and terms and conditions of employment with nursing colleagues in the Public Health Sector. The case was reconvened following a previous Labour Court Hearing on 14th January 2010. Despite having a meeting between the parties as recommended by the Court at that time, the matter was not progressed.
On the 7th October, 2010 the Union referred the issue back to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st January, 2011.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The conditions of employment in the Public Sector provide for payment of Employer's Superannuation Contribution, location or qualification allowance, sick pay scheme and hours of work etc. The same conditions should apply to the Worker.
COMPANY'S ARGUMENTS:
4. 1. To date, full information and the totality of the claim, despite repeated requests have not been furnished to the Employer.
RECOMMENDATION:
The Court recommends that the parties seek the assistance of the Conciliation Service of the Labour Relations Commission with a view to resolving all issues in dispute between them. That request should be made forthwith.
Any further information required concerning the particularity of the claim should be provided at conciliation.
In the event of agreement not being reached in conciliation the parties should jointly request the LRC to refer outstanding matters to the Court pursuant to Section 26(1) of the Industrial Relaitons Act 1990.
Signed on behalf of the Labour Court
Kevin Duffy
3th March, 2011______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.