FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE HOSPITAL GALWAY (REPRESENTED BY HEALTH SERVICES EXECUTIVE) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Claim for loss of earnings.
BACKGROUND:
2. This dispute concerns a claim for compensation for the loss of overtime. This 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 27th April, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 8th March, 2011.
UNION'S ARGUMENTS:
3 1 This overtime was regular and rostered over an extended period.
2The decision to contract out the work previously done by the Workers on overtime has resulted in a significant loss of earnings.
3The Workers should receive compensation of two times the annual loss.
EMPLOYER'S ARGUMENTS:
4 1 It was decided to contract out this work due to the reluctance of some of the Workers to do it..
2The Workers' delay in bringing this claim precludes even consideration of its merits
3.The Employer's financial position is such that it is not in a position to conceed this claim.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this case.
The Court, in all the circumstances of this case, does not recommend concession of the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
24th March, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.