Up Arrow
 
 
Question Icon
 

Select an option from the dropdown list and press GO

 
Question Icon
 

Select an option from the dropdown list and then press GO

 
 
 

2002

Information Icon Water Mark
Up Arrow

Add to Binder allows you to add Workplace Relations content to your personal binder for viewing or printing later.

Binder icon image Binder

To access your binder, click the Binder link at the top of the page.

 
 

LCR17368

FULL RECOMMENDATION

CD/02/628
RECOMMENDATIONNO.LCR17368
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(5), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
HEALTH SERVICES EMPLOYERS' AGENCY

- AND -

IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
SUBJECT:
1. Hearing arising from LCR17044.


BACKGROUND:

2. The dispute before the Court arises from Labour Court Recommendation 17044 which recommended that "the Joint Committee be requested to examine the role of Intellectual Disability Workers, in the same manner as it did the Group it recommended for change, with a view to deciding if the same process of professionalism is appropriate".

Following the decision of the Joint Committee to recommend the introduction of professionalism into the Intellectual Disability Sector in respect of House Parent and Assistant House Parents, the date of application of the new rates of pay is now in dispute.

The Union is seeking an implementation date of the 1st of January, 2001, and Management states that the implementation date should be the 1st of July, 2002.


The Labour Court agreed to investigate the dispute in accordance with Section 26(5) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th of November, 2002, the earliest date suitable to the parties.

UNION'S ARGUMENTS:

3. 1. At all stages Management has sought more time to try and resolve the issue. It is unfair that these delays would be used as a basis for a later implementation date.

2. The provisions contained in the Department of Health and Children circular 39/2001, which includes an implementation date of the 1st of January, 2001, should be extended to Houseparents and Assistant Houseparents.

MANAGEMENT'S ARGUMENTS:

4. 1. The offer made to staff of an average of 19% for Assistant House Parents and 27% for House Parents and the application date of the 1st of July, 2002, is fair and generous.

2. Management has processed this matter in an expeditious manner and have not attempted to slow down the process towards professionalisation in this sector.


RECOMMENDATION:

The Court, having considered the comprehensive written and oral submissions made by the parties, and taking into account all of the issues involved, recommends that the parties accept the date of the Labour Court Recommendation, 1st February, 2002, as the date of the application of the proposed pay increase.



Signed on behalf of the Labour Court



Finbarr Flood
18th December, 2002______________________
GB/MB.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.




 
 
 
 
 
 
 
 
 

Share this page

 
logo-sml
Links|About the Reform Programme|Accessibility|Privacy Policy|Disclaimer|Sitemap

Registered Address: Department of Business, Enterprise and Innovation, O'Brien Road, Carlow