FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST PATRICK'S HOSPITAL,DUBLIN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION -AND- TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Income continuance.
BACKGROUND:
2. 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 25 February 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. Labour Court hearings took place on 17 September 2015, 11 January 2017 and 27 January 2017.
UNION’S ARGUMENTS:
3. 1. The Union is seeking that the members concerned are awarded their full sum of income continuance less the contingent salary already received.
2. They should be awarded the full sum of income continuance until they reach normal retirement age.
EMPLOYER'S ARGUMENTS:
4. 1. Management have taken a fair and equitable approach in the circumstances.
2. Management have offered a contingent salary in the absence of any other income continuance scheme available to the individuals. The Hospital has committed to maintain this arrangement for the individuals in question until such time as each individual reaches normal retirement age or chooses to avail of early retirement under the current rules of the Defined Benefit Scheme.
RECOMMENDATION:
The Court notes that following the Hearing in January 2017 the parties, at the direction of the Court, engaged in further discussions and subsequently reached agreement on all but one of the calculations submitted by the Employer regarding the Claimants before the Court.
The Court has examined the submissions of both parties and in the context of the letters of 22 February 2017 and 24 February 2017 from Management and Unions respectively the Court adopts the Unions' calculation in respect of Ms Doyle and those of Management in respect of all other Claimants.
The Court so recommends to bring this matter to a conclusion.
Signed on behalf of the Labour Court
Brendan Hayes
4 July 2017______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.