FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MOOREHAVEN CENTRE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Non-payment of Unsocial Hours Premium
BACKGROUND:
2. This dispute concerns a claim for the payment of an Unsocial Hours Premium. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 19th February, 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 19th April, 2016.
UNION'S ARGUMENTS:
3 1 The Employer failed to implement Department of Health Circular 014/2007 which removed the 8 hour threshold for the payment of the Unsocial Hours Premium. This meant that those entitled to the premium continued to be paid the premium for hours worked between 8.00 p.m. and midnight or end of shift instead of between 6.00 p.m. and midnight or end of shift.
2 As the Unsocial Hours Premium was removed under the Haddington Road Agreement employees did not receive any Unsocial Hours Premium since 1st July, 2013.
3 The Employer confirmed during a WRC hearing that the employees are entitled to payment of the unsocial hours premium. However, the difficulty for the Employer was the refusal of the HSE to fund payment of the allowance.
EMPLOYER'S ARGUMENTS:
4 1 While the Centre paid an unsocial hours allowance for hours worked between 6. p.m. and 8 p.m. it has never paid a premium for unsocial hours worked after 8 p.m.. Payment of the allowance for hours worked between 6 p.m. and 8 p.m ceased as part of the Haddington Road Agreement.
2 This is a section 39 Agency that is partly funded by the HSE. The HSE has instructed Centre Management that as a section 39 agency the employees of the centre are not subject to public sector pay policy. The Agency cannot afford to pay the unsocial hours premium.
3. The Agency is willing to meet the Union's claim if it is put in funds to do so.
RECOMMENDATION:
The Court has given careful consideration to the extensive written and oral submissions of both parties to this dispute.
The Court notes that the parties are agreed that the pay of this category of staff is linked to the pay of comparable grades employed in the HSE. In that context the Court notes that those grades are, in accordance with various Departmental and HSE Circulars, entitled to the payment of an Unsocial Hours Premium for hours worked between 8.00 pm and Midnight. The Union is seeking to have that premium applied in this employment.
On the basis of the acknowledged pay relationship, the Court recommends that the Centre apply the claimed premium to the relevant grades of staff with effect from 1 January 2015.
Noting the financial circumstances of the Centre, the Court further recommends that the parties jointly approach the relevant funding agencies to secure the resources necessary to meet the cost of this Recommendation.
Signed on behalf of the Labour Court
Brendan Hayes
29th April, 2016______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.