LCR23111

PARTIES:

DIVISION:

SUBJECT:

Pandemic Special Recognition Payment

BACKGROUND:

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 19 November 2024 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 30 January 2025.            

RECOMMENDATION:

The dispute before the Court concerns a claim on behalf of four mechanics and one general operative who work in Dublin City Council/ Dublin Fire Brigade mechanical section for payment of the Pandemic Special Recognition Payment.

The union contends that the workers are non-HSE/Section 38 workers but are within the scope of Department of Health Circular 12/2022 and meet the criteria for the Pandemic Special Recognition Payment. They are entitled to the payment, as they worked throughout the pandemic and that work included sanitising ambulances that were contaminated by patients with the COVID-19 virus, thus exposing themselves to potential infection. It contends that ambulances had to be fully decontaminated and medically sanitised daily before any operational work could be carried out and the workers had to mask and gown up before undertaking such work. In addition, the workers frequently had to enter COVID-19 settings, as they had to collect vehicles from hospitals and fire stations when Dublin Fire Brigade staff were declared COVID positive.

Management, while acknowledging the work undertaken by the workers during the pandemic, submits that the workers did not qualify for a payment as they did not meet the eligibility criteria set out in Department of Health Circular 12/2022. It submits that it followed the instructions contained in the Circular which expressly applied to “paramedics employed by the Department of Local Government Housing and Heritage.” It did not have authorisation to make a payment to any other employees other than paramedics and was not provided with funding for those that did not meet the eligibility criteria.

While Management contends that it is the responsibility of paramedics to clean ambulances, it did not dispute that the workers in this case engaged in work sanitising ambulances.

The Court has given careful consideration to the oral and written submissions of the parties.

Department of Health Circular 12/2022 states that to avail of the Pandemic Special Recognition Payment eligible employees must have been employed between 1 March 2020 and 30 June 2021 and have been identified as working in COVID-19 exposed healthcare environments.

Management in its submission referred the Court to documentation which stated that the pandemic payment was targeted at those working in “clinical settings”. The union for its part contends that its members were engaged in work in a “mobile clinical setting“ where they were exposed to blood and other contaminating factors, and as a result that their work was akin to a cleaner in a hospital setting.

The Court notes that Circular 12/2022 refers to other information to be made available to staff and employer representative groups regarding eligible employees in non HSE /Section 38 employments. The parties were unclear what information or guidance, if any, subsequently issued and the Court did not have the benefit of such information to assist it in its deliberations.

The Court is concerned that it is being asked, in this case, to insert itself into process where it does not have all of the relevant information and, furthermore, to interpret a national circular that may have wider implications.

Having regard to all of the above, the Court recommends that the employer should review the eligibility criteria for payment of the Pandemic Special Recognition Payment to the workers encompassed by this dispute having regard to all relevant circular/guidelines and considering the submissions made by both sides at the hearing.

The Court is of the view that the parties would benefit from further engagement at that point. Should they remain in dispute they should utilise the agreed procedure for resolution of this matter.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
FC	______________________
4th February 2025	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Fiona Corcoran, Court Secretary.