FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE DUBLIN NORTH EAST - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Alleged unfair treatment.
BACKGROUND:
2. This dispute concerns the Worker's claim that she is treated less favourably than her full-time colleagues in relation to the payment of overtime. The Worker referred this case to the Labour Court on 2nd October, 2012, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 25thJanuary, 2013.
WORKER'S ARGUMENTS:
3. 1.The Worker worked the same overtime hours as her full-time colleagues.
2.The Worker was, however, only paid a flat-rate for these overtime hours.
3.The Worker should be compensated for not being paid the same overtime rate as her full-time colleagues.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker was paid for overtime in line with agreed existing arrangements.
2.Concession of this cost-increasing claim is precluded by the terms of the Public Service Agreement.
3.Concession of this claim would result in similar claims being made across the Public Service.
RECOMMENDATION:
The Court is satisfied that the circumstances in which overtime premium is payable to part-time workers, including those in job-sharing arrangements, is governed by a collective agreement between the HSE and the trade union representing its staff. It is also clear that the terms of that agreement are being applied to the Claimant.
The claim before the Court, if conceded, would involve a departure from the terms of the collective agreement. It is the consistent practice of the Court to uphold the terms of collective agreements which are freely negotiated between parties and accepted by the majority of those to whom they apply.
As the present claim seeks an outcome at variance with agreed arrangements the Court does not recommend its concession.
Signed on behalf of the Labour Court
Kevin Duffy
29th January, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.