FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST VINCENTS PRIVATE HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Reduction in Sunday overtime rate from treble to double time.
BACKGROUND:
2. This dispute arose from the Employer's proposal to reduce the Sunday overtime rate to bring it in line with the public service. 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 19th November, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th January, 2015.
UNION'S ARGUMENTS:
3 1 The Workers accept that their pay should be aligned with the public service.
2 The Workers should receive the early shift allowance payable in the public service.
3 The Workers should be regraded Catering Office Grade 3.
EMPLOYER'S ARGUMENTS:
4 1 The Workers' pay and conditions of employment are aligned with the public service.
2 The public service pays double time for working on Sundays.
3. The Workers' pay should be brought into line with the public service.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the questions of Sunday and Early Morning premiums cannot be separated from each other. Accordingly the Court recommends that the arrangements in place under each of those headings for this group of workers be brought into line with practice in the public service i.e. double time for Sunday working and time and a quarter for early morning starts. The Court so recommends.
The Court notes the positions outlined by both the Management and Union sides regarding the grading of this group of workers. That matter was not before the Court and accordingly it makes no comments, findings or recommendations in that regard.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
2nd February, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.