FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE SOUTH - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Compensation for loss of earnings (break glass unit).
BACKGROUND:
2. This dispute concerns the Workers' claim for compensation for loss of earnings associated with call outs. 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 27th July, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th October, 2015.
UNION'S ARGUMENTS:
3 1 This dispute arose from the Employer's unilateral decision to transfer this particular work to contractors.
2 In doing so, the Employer acted contrary to local agreed procedures.
3 The Workers have suffered considerable financial loss as a result.
EMPLOYER'S ARGUMENTS:
4 1 Call-outs are, by their very nature, unplanned and unstructured emergency work.
2 Compensation for the loss of call-outs are, therefore, not provided for in the Public Services Agreements.
3. The Employer is satisfied that it has explained the rationale for these changes to the Workers.
RECOMMENDATION:
Having given careful consideration to the submissions of both parties to this dispute the Court finds that the parties should assess the total earnings of the workers affected in the 12 months leading up to and following the implementation of the changed practices regarding the resetting of the break glass units. Should that assessment disclose a reduction in total earnings between those periods the HSE should apply the agreed Public Sector compensation terms of 1.5 times the actual annual loss incurred.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th November, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.