FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUNDRUM CENTRAL MENTAL HOSPITAL - AND - PNA & SIPTU DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Compensation for loss of earnings.
BACKGROUND:
2. This dispute concerns the payment of compensation for loss of overtime arising from work practice changes. 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 December, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th February, 2015.
UNIONS' ARGUMENTS:
3 1 The Labour Court dealt with this issue in LCR20273.
2 The Workers cooperated fully with the changes contained in LCR20273.
3 The Workers are, accordingly, entitled to compensation of 1.5 times the actual loss, as per LCR20273.
EMPLOYER'S ARGUMENTS:
4 1 The Employer is willing to pay compensation in respect of overtime that had been in-built into rosters.
2 The Employer does not believe that the loss of non-mandatory overtime should be compensated for.
3. The Employer does not believe that overtime replaced by the recruitment of 25 staff is covered by the terms of LCR20273.
RECOMMENDATION:
Having considered the submissions of both parties the Court recommends that any losses which occurred in the context of the“The Reconfiguration of Working Practices within the Central Mental Hospital – Cost Saving Proposals” Agreementpublished in June 2011 incorporating the recommendation of the Court in LCR20273 should be compensated in line with the formula provided under the terms of the Public Service Agreement 2010-2014 for compensation for loss of earnings.
The Court notes that there is no dispute between the parties that these losses must be offset by the revision in working hours as per the the Public Service Stability Agreement 2013-2016 (Haddington Road Agreement).
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th March, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.