The Labour Court was continuing its discussions with health-service employers and unions last night to avert industrial action at homes for people with intellectual disabilities.
If today's strike goes ahead, many patients will be sent home to families which are unable to provide adequate care. Hundreds of patients have already been discharged in anticipation of the strike and spent the weekend at home.
The chairman of the court, Mr Finbarr Flood, called both sides to a special hearing of the court yesterday after talks broke down at the Labour Relations Commission on Saturday.
He used his powers under section 26 of the Industrial Relations Act to summon all parties and investigate the dispute in the national interest.
If he feels a basis for settling the dispute exists, he may ask the unions to defer action in return for a quick recommendation on their pay claim.
The nub of the issue is whether pay increases of up to 44 per cent already granted to childcare workers should be extended to 1,200 house parents who work with people with intellectual disabilities.
Since the increase last April there has been a pay gap of between €113 (£89) a week and €172 (£136) a week between the two groups. Conceding the increase would also mean pay rises for another 4,000 care workers in the sector who have historic relativities with house parents.
The cost of the deal to the exchequer of the deal would be around €25 million. It could lead to knock-on claims from other health-service workers such as paramedics and nurses.
The Health Service Employers Agency has argued that the unions' claim should be referred to the Public Service Benchmarking Body to avoid any risk of knock-on claims. It says that is precisely the job for which the body was set up.
However IMPACT national health secretary Mr Kevin Callinan, who represents most house parents, says that following the award to childcare staff last April the Department of Health and Children issued a circular to all health boards, voluntary bodies and mental-handicap agencies giving details of the increases to be implemented across all the sectors.
SIPTU national industrial Mr Matt Merrigan, who represents mainly care assistants, said he hoped Mr Flood's intervention would avert the strike and "spare major disruption" to the lives of service users and their families.
However he also warned, "We are by no means near a settlement at this stage and it is our intention to maintain our campaign for justice on behalf of our members."