FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Haugh Employer Member: Ms Connolly Worker Member: Ms Treacy |
1. Payment for actual travel hours worked for 6500 Health Care Support Assistants.
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 11 November 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 15 January 2020.
UNION’S ARGUMENTS:
3. 1. The Union is firmly of the view that HCSA should be paid for all their time at work.
2. Actual travel time should be paid while the operational matters raised by the HSE are progressed.
3. It not tenable to expect workers to continue to work unpaid.
4. The Union proposed an interim arrangement that Workers who are the subject of the dispute be compensated on an interim basis, for travelling time using the formula of 1 minute per 1km travelled to be applied retrospectively to 1 September 2018.
EMPLOYER'S ARGUMENTS:
4. 1. The HSE are not funded for this expenditure.
2. A cut in the region of 278,000 of direct client facing hours valued at €7m would be required.
3. HSE agrees 1km 1 minute formula is fair.
4. HSE wants no retrospection.
RECOMMENDATION:
Background to the Dispute
The issue of the contractual terms and conditions of Health Care Support Assistants (‘HCSAs’) has been the subject of protracted negotiations between SIPTU and the HSE with the assistance of the Workplace Relations Commission (‘the WRC’).
Most recently, on 7 August 2018, the WRC issued the Parties with a further detailed Proposal that sought to build on Agreements of 19 July 2017 and 10 January 2018. This Proposal set out, inter alia, a basis on which a 5/7 revised contract arrangement could be implemented nationally in each CHO. The Proposal also made detailed provisions in relation to travel time and its incorporation into revised rosters.
It is accepted by both SIPTU and the HSE that the full implementation of the WRC Proposal of 19 July 2017, including the proposed arrangements in relation to payment for travel time, has been delayed for a range of technical and operational reasons. In its within submission to the Court, SIPTU has proposed an interim arrangement whereby its members could be compensated for time spent travelling in a way that would not necessitate an immediate resolution of all outstanding technical and operational issues that remain to be resolved prior to the full implementation of the WRC Proposal. The interim arrangement put forward by SIPTU is that Workers who are the subject of the dispute be compensated, on an interim basis, for travelling time using the formula of 1 minute per 1km travelled. The Union has submitted that this formula be applied retrospectively to 1 September 2018.
The HSE, in its submission to the Court, reaffirmed its commitment to work with SIPTU to address the incorporation of travel time into contracted hours and to implement the WRC proposal as soon as practicable notwithstanding current budgetary constraints, service plan obligations and staffing issues that have to be overcome in the process.
Recommendation
The Court recommends that the Workers concerned be compensated for travelling time, on an interim basis with effect from 1 March 2020, using the 1 minute per 1 kilometre travelled formula, pending the resolution of the technical and operational issues that remain to be resolved. The Court further recommends that Parties engage in immediate and intensive discussions with a view to reaching agreement on those outstanding technical and operational issues.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
MK______________________
6 March 2020Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.