FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST MARY'S HOSPITAL CASTLEBLANEY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Paid Break
BACKGROUND:
2. This case 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 3 August 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 5 October 2016 and 21 November 2016.
UNION’S ARGUMENTS:
3. 1. The Union is seeking the re-instatement of the 12 hour paid shift which included their members paid break.
2. The system of the 12 hour paid shifts are in place in services within the HSE and is not an unusual practice.
3. The members have always taken breaks during the 12 hour paid shift and was managed locally and did not impact on patient care.
EMPLOYER'S ARGUMENTS:
4. 1. The 12 hours was paid only in the context that the staff were not in a position to avail of an official break and were available throughout the break.
2. The need to introduce an official break is necessary to ensure the HSE meets its obligations pursuant to the Organisation of Working Time Act 1997. The reconfiguration of the hospital and the additional capacity in staff levels provided the opportunity where staff can avail of an official break on night duty.
RECOMMENDATION:
The matter before the Court relates to the Union’s claim on behalf of Health Care Assistants (HCAs) for the restoration of a half hour paid break. The change in practice of paying for the thirty minute break occurred on 15thJanuary 2015. Management told the Court that it had been the practice to pay for breaks as it was unable to ensure that Health Care Assistants received a thirty minute break on their roster. Whereas now, due to service and roster changes Management are in a position to facilitate the taking of scheduled breaks.
The Union submitted that as the paid break had been the custom and practice for over 25 years the twelve hours paid shift should be restored.
The Court is aware that national discussions are ongoing between HSE and INMO with reference to measuring time worked by Nurses and Midwives in the context of Clause 1.1 of the Haddington Road Agreement. It is envisaged that these discussions will encompass the issue of breaks within shifts.
The Court notes that both the Health Care Assistants grade along with Nurses and Midwives grades are recognised grades within the HSE, where terms and conditions of employment are determined at national level. In the absence of agreement at national level, the Court is not in a position to make a recommendation affecting such terms in isolation. Therefore, having considered the submissions of both sides, the Court recommends that the paid break for the Health Care Assistants concerned should be restored from the date of this Recommendation pending the outcome/implications (if any) of the national discussions referred to above on the Health Care Assistants grade. The Court is of the view that it would not be appropriate at this stage to deal with the issue of retrospection prior to the conclusion of those discussions.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22 November 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.