FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : OUR LADYS HOSPICE & CARE SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Working of contracted hours.
BACKGROUND:
2. The Hospice Management is seeking to have its Administrative staff work a 35 hour week as per their contracts. They are currently required to work a 33.75 hour week. The Union whose members have worked the 33.75 hour week for up to 33 years, is opposed to the change.
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 12th April, 2012, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th July, 2012.
UNION'S ARGUMENTS:
3. 1. There is no explicit provision in the Public Services Agreement to increase the working hours of staff in the health service.
2. The staff reject the proposed change both on the grounds of custom and practice and the fact that they have an implied contract to work 33.75 hours per week
COMPANY'S ARGUMENTS:
4. 1. The historical practice of working less than the standard week is unsustainable if work is to be carried out in a more cost effective and efficient manner.
2. Concession of any buy-out arrangements will have cost and service implications for the Hospice at a time of significant financial constraints.
RECOMMENDATION:
Having regard to the submissions made in the course of the hearing the Court is of the opinion that the issue in dispute should be resolved directly between the parties on a fair equitable basis that takes account of the particular circumstances of the Hospice and the affected staff. This, in the Court's view is a more appropriate means of addressing the problem highlighted by Management than invoking the provisions of the Public Service Agreement which must, of necessity, be interpreted in light of considerations of a more general application.
In these circumstances the Court recommends that the parties return to conciliation with a view to concluding a local agreement which will be without precedent in the wider context.
Signed on behalf of the Labour Court
Kevin Duffy
1st October, 2012______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.