LCR22544

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

BON SECOURS MOUNT DESERT
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

52 HEALTHCARE ASSISTANTS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1.Pay Claim

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 22 June 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 19 January 2022.

UNION’S ARGUMENTS:

3. 1. 52 Healthcare Assistants are not of the correct banding, in line with the HSE rates of Pay.

2. These Union members are at a considerable disadvantage to other HCA’s within the group.

3. The Bon Secours Group is very profitable and can afford to pay the increase being claimed.

EMPLOYER'S ARGUMENTS:

4. 1. The Bon Secours site is operating at a loss and the payroll cost are unsustainable.

2. The HCA role in the nursing home is not comparable to an HCA role in an acute hospital setting.

3. The Union’s claim should be rejected, in the interests of preserving the jobs of existing staff.

RECOMMENDATION:

Recommendation

The issue in dispute between the parties concern the Union claim that the Health Care Assistants that they represent in this employment are linked to the wrong band on the HSE scales.

They are currently linked to Band 4 and it is the Union’s claim that they should have been linked to Band 3 stretching back over ten years. This issue was previously before the Court twelve months ago and was referred back as National talks were taking place.

The parties returned to the WRC where it was agreed to separate this group of Worker’s as their claim was to be graded at level three while the wider group were seeking to be graded at level two. No agreement was reached at the WRC and the issue was jointly referred to the Court. In the intervening period the Employer has indicated that they are encountering financial difficulties and are currently operating at a loss.

The Employer has tabled a proposal to red circle the existing staff on there current pay rate and to implement a new three-point scale below the existing scale for new entrants which in effect would break the existing pay link with the HSE.

The Union have yet to have an opportunity to engage with the Employer on this proposal. The Employer submitted that due to their current financial situation they are not in a position to further increase the pay bill and that they need to make immediate and sustainable savings on both pay and non-pay costs. The Court having considered the submissions of the parties recommends that the SIPTU claim for Band 3 rates linked to the HSE is considered following the outcome of the HSE Phase 4 Job Evaluation.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to Orla Collender, Court Secretary.