Complainant

Respondent

Anonymised Parties

A Supplies Officer

A Hospital

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00027974-001

25/04/2019

The issue in contention concern the receipt/non receipt of Holiday premiums by the Complainant specifically when working on extra duties, in the Catering department.

The Complainnat is employed as a Supplies Officer in the Hospital. He works a 5-day 37-hour week roster in this his “Home” Department. At the weekend and in the evening, he volunteers to work as a Catering Assistant in the Catering Department. His time commitment here is substantial.

His claim is that he does not receive Holiday Premium on his earnings in the Catering Department although he maintained that other colleagues did. A named colleague was mentioned and supported by written copy evidence.

The Complainnat estimated that he was due a substantial arrears payment in relation to this claim.

The Hospital maintained that the claim was precluded by National Circulars governing the payment of Holiday Premiums – submitted in written evidence. He was a Volunteer in the catering department. His normal earnings were in the Supplies -his “Home” Department and as such that was where any question of Holiday premiums would arise not the Catering Department.

Not withstanding the above this was clearly a Body of Workers claim, there were some 17 other colleagues potentially impacted. Section 13 (2) of the 1969 Act specifically applies and the Adjudicator is precluded from hearing this case.

In Oral evidence it was accepted that the staffing of the Catering Department, especially at Unsocial Hours, was an ongoing challenge. Staff, volunteering, from across the Hospital were a key resource.

This case was taken under the Industrial Relations Act, 1969. There can be no doubt that a strong argument exists that this, as an individual claim, is a Body of Workers dispute. It is also accepted, from custom and practice, that the 1969 Act does allow an Adjudicator a certain flexibility particularly when a significant Industrial Relations issue is involved.

Accordingly, my Recommendation will focus on the broader issue this claim highlights. From discussions at the Hearing I am confident this will be acceptable to the Parties.

In this case it was very evident from the evidence given, especially by the Catering Department Managers and copy Rosters shown by the Complainnat that staffing the Catering Department for unsocial hours, in one of the State’s largest hospitals, is a major ongoing challenge.

From the evidence presented there was no doubt that the Complainnat, by his regular volunteering along with other Non-catering employees, was a valuable, indeed almost essential, resource to the Catering Department. Providing and serving meals, especially at unsocial times, to large numbers of patients and staff is often an “All hands-on deck from wherever you can find them” issue for the Catering management.

Accordingly, I Recommend, that while an individual resolution of the Complainant’s case as presented in this claim, would be precluded as a Body of Workers Section 13(2) claim, the Hospital Management and the Representative Bodies engage in early strategic negotiations and joint long-term planning regarding the staffing of the Catering Department over Unsocial Hours.

In these negotiations the question of what could be called the Legacy issues, highlighted by this claim, for the Parties can be examined.

Act

Complaint/Dispute Reference No.

Summary Recommendation / Please refer to Section three above for detailed reasoning.

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00027974-001

Early strategic negotiations between the Parties recommended regarding the Unsocial Hours staffing of the Catering Department.