FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST PATRICK'S HOSPITAL - AND - PNA SIPTU IMPACT - INTER UNION GROUP DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Outstanding pension issues
BACKGROUND:
2. This dispute involves an outstanding pension issue for the "Class of 99". The issue was last before the Court on the 18th of March, 2014 following which it was recommended that both parties should engage with each other further. As agreement was not reached, the dispute was referred to the Labour Court again on the 30th of March, 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th May, 2016.
UNION'S ARGUMENTS:
3.1. Every employee in St. Patrick's Hospital on being admitted to the Scheme having served five years in accordance with the Trust Deed was credited with the five year period while they were "members- in-waiting" and this included student nurses.
2. Therefore service during the period served as "scheme members-in-waiting" is reckonable for pension purposes in accordance with the Trust Deed and custom and practice.
EMPLOYER'S ARGUMENTS:
4.1. The employment status of the individuals during the course of the waiting period was not that of an "Employee" as defined by the Trust Deed. The individuals concerned were not permanent employees of the Hospital.
2. The terms of the Cassells Agreement have been met. If the Agreement had intended that the individuals concerned be afforded credit for pensionable service then the Agreement would have explicitly stated this intention in clear terms and this would have been enshrined in the revised Pension Trust Deed.
RECOMMENDATION:
The Court has given careful consideration to the extensive written and oral submissions of both parties to this dispute.
Having taken all matters into account the Court finds that the Claimants in this case accrued pension benefits from the commencement of their nurse training within the Hospital.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
27th June 2016______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.