FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COBH GENERAL HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - INMO DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Forfeiture of paid maternity leave.
BACKGROUND:
2. This dispute concerns the Hospital's proposal to eliminate 'top-up' maternity benefits previously paid to nurses. 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 2nd February, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 19th January, 2012.
UNION'S ARGUMENTS:
3 1 The Hospital's proposal to withdraw paid maternity leave is discriminatory.
2 The Workers have pay parity with the HSE, which has not withdrawn paid maternity leave.
3 TheHospital is covered by the Croke Park Agreement, which precludes any reduction in pay during its lifetime.
HOSPITAL'S ARGUMENTS:
4 1 The Hospital's precarious financial position has forced it to look at all its staffing costs.
2 Since 2010, the Hospital is being funded through the National Treatment Purchase Fund which has resulted in its funding being reduced from €1,175 per week per bed to €960.
3. The Hospital should be compared to other private nursing homes, where the norm is not to pay 'top-up' maternity benefits.
RECOMMENDATION:
The issue before the Court concerns the Hospital’s proposal to cease the payment of maternity ‘top up’ payments as part of the necessary cost-savings measures required to secure the future viability of the community hospital.
Having considered the submissions of both sides the Court does not recommend in favour of the cessation of maternity ‘top up’ payments as sought by the Hospital. However, in recognition of the severe financial circumstances facing the Hospital, the Union indicated its willingness to enter into discussions with management on securing similar savings to those envisaged in respect of the above proposal.
The Court recommends that such discussions should commence with immediate effect under the auspices of the Local Joint Working Group, which should be reconvened for this purpose, and that such discussions should be completed as soon as possible, however in any event by not later than 2ndMarch 2012.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th January, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.