FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Hearing Arising From LCR 20312
BACKGROUND:
2. This case concerns a dispute between the HSE, SIPTU and IMPACT in relation to the terms and conditions of Home Helps employed by the Service. (LCR 20312 refers). The Unions are seeking a commitment from the HSE in respect of home helps to fully comply with the Public Service Agreement 2010-2014. Management contends that it is in the process of completing a service delivery model which will address the Union's concerns and will provide for a more efficient and cost effective provision of service to the public within its future allocation of resources.
A Labour Court hearing on the dispute took place on 11th December, 2012. The following is the Court's Recommendation:
RECOMMENDATION:
The issue before the Court arises from Labour Court Recommendation No: 20312 which dealt with a claim referred by both SIPTU and IMPACT concerning the terms of employment of approximately 9,000 Home Helps. In accordance with that Recommendation the issue has since been the subject of discussions between the parties. In an effort to progress matters the Court met with the parties on 15thOctober 2012; by letter dated 16thOctober 2012 the Court suggested that the parties meet under the auspices of the Labour Relations Commission to deal with four specified outstanding issues.
As the issues still remain unresolved the Court makes the following recommendation:-
- The Court notes that it is fully accepted by HSE Management that the Home Helps concerned are covered by the Public Sector Agreement 2010 – 2014 (the PSA) and in turn it accepts that the matters raised by the Unions are accordingly covered by the terms of the PSA.
HSE Management confirmed for the Court and the Union present, that by Mid-January 2013 it will have completed its data collection exercise and will be in a position to present a comprehensive Service Delivery Model for Home Helps Services which will deal with the issues of concern raised by the Unions and as specified by the Court, in its letter dated 16thOctober 2012.
Therefore, the Court recommends that HSE Management should meet with the Unions concerned in the week commencing 14thJanuary 2013 to present its comprehensive Service Delivery Model for Home Helps Services and related matters and should engage with the Unions in meaningful discussions to bring to conclusion the specified issues raised by the Unions and as comprehended by the PSA. The Court recommends that this process should be finalised by no later than 15thFebruary 2013.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th December 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.