FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH INFIRMARY VICTORIA HOSPITAL - AND - GROUP OF WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Shift Allowances
BACKGROUND:
2. This dispute concerns the Workers' claim for payment of a shift allowance with full retrospection of hours worked. The Workers referred this case to the Labour Court on 7th November, 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 29th May, 2013.
UNION'S ARGUMENTS:
3. 1. The Workers' shift allowance was withdrawn without any prior negotiations.
2. A shift allowance is payable to all other clerical staff in the HSE for working such anti-social hours.
3.The Workers are entitled to these same terms and conditions of employment.
EMPLOYER'S ARGUMENTS:
4. 1. There is no merit to this claim for the payment of a shift premium.
2. Concession of this claim would encourage similar claims from other staff.
3. Consideration of this cost-increasing claim is prohibited under the Public Service Agreement.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
No evidence has been presented to the Court to support the claim that there is a practice in the HSE to pay a shift allowance to clerical staff members who start work between 7 and 8 a.m. Accordingly the Court finds no merit in the Union’s claim for such a shift allowance for the workers involved in this case.
The Court notes that Management is prepared to apply the standard Public Sector buy out formula in respect of the loss of earnings the workers incurred arising out of the termination of the twilight shift. The Court recommends that the Union should take up this offer on behalf of the workers concerned.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th September, 2103______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.