Labour Court Database __________________________________________________________________________________ File Number: CD88921 Case Number: LCR12596 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim for compensation for psychiatric nurses who are redeployed from Our Lady's Hospital, Cork to St. Stephen's Hospital, Cork.
Recommendation:
5. The Court having considered the submissions from the parties
does not recommend concession of the claim for travelling expenses
and free meals. Taking into account the particular circumstances
with regard to the different rota which the redeployed staff are
required to work on in St Stephen's the Court recommends
concessions of 4 days extra annual leave (2 per year over 2 years)
on return to Our Lady's Hospital.
Division: Ms Owens Mr Brennan Mr O'Murchu
Text of Document__________________________________________________________________
CD88921 RECOMMENDATION NO. LCR12596
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SOUTHERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim for compensation for psychiatric nurses who are
redeployed from Our Lady's Hospital, Cork to St. Stephen's
Hospital, Cork.
BACKGROUND:
2. Following the closure of part of Our Lady's Psychiatric
Hospital, Cork most of its patients were transferred to St.
Stephen's Hospital in Glanmire, some eight miles away.
Discussions took place in relation to the transfer of nursing
staff and it was agreed that the Board would seek applications
from nurses who wished to transfer. If sufficient volunteers were
not available, staff would be transferred on the basis that those
with the least amount of service would be redeployed first.
Transfers have been taking place since September 1988. It was
also agreed that applications from nurses who wished to transfer
back to Our Lady's Hospital would be considered after April, 1990.
The Union lodged a claim to have redeployed staff compensated
because of disruption and their change of roster. The following
compensation is now being claimed:-
A. Travelling expenses from Our Lady's Hospital to St.
Stephen's Hospital or alternative transport
provided by the Board, for the duration of
redeployment.
B. Six extra days annual leave to be granted when and
if staff return to Our Lady's - this to compensate
for the change in rota. (one extra working day
every eight weeks because of shorter working day).
C. Because of change in daily roster and due to
unexpected expense of dining away from home, free
meals to be provided for the duration of
deployment.
The claim was the subject of a Labour Court conciliation
conference on 16th November, 1988. No agreement was reached and
the Union requested a full Court hearing. The Board agreed and
the Court investigated the dispute in Cork on 3rd October, 1989
(the earliest date suitable to both parties).
UNION'S ARGUMENTS:
3. 1. St. Stephen's Hospital is located eight miles north-west
of Our Lady's Hospital. Its location is extremely
unattractive for staff. Most staff attached to Our Lady's
Hospital live on the west-side or south-side of the city.
They choose these areas with the expectation of spending their
nursing career in Our Lady's Hospital.
2. The domestic, social and professional lives of
re-deployed staff have been disrupted and worsened. The
working roster used in St Stephen's Hospital is much worse
from a staff view point, than that in use at Our Lady's
Hospital.
3. Payments and compensation for disruption have been
allowed in previous similar circumstances e.g.
1. When Psychiatric Nurses were originally employed in
St Stephen's in 1966 it was recognised that the
location was isolated and a payment of #41 per
three months, was paid as an "isolation allowance".
Some nurses in St. Stephen's are still being paid
that allowance.
2. When the Professorial Unit transferred from St.
Stephen's to Cork Regional Hospital in 1979, nurses
received #200 once-off payment.
3. When during the Air India disaster in 1985,
patients were transferred back to St. Stephen's
from Cork Regional Hospital, (because the Unit was
being used as a temporary morgue) nurses were
awarded travelling expenses for the three week
duration.
4. When Maintenance Staff were deployed for renovation
work in 1988, they were provided with transport for
Our Lady's or else granted travelling expenses,
They were also granted meal allowances.
5. Recently in Letterkenny, four Behavioural
Therapists and four Alcoholic Therapists were each
awarded #1,500 for redeployment.
6. Staff transferring to Beaumont Hospital from Jervis
Street and the Richmond Hospitals got an additional
ten days extra annual leave, on a once-off basis
spread over five years. This was based on a
similar but not identical settlement for nurses
formerly employed at Dr. Steeven's Hospital in
Dublin.
BOARD'S ARGUMENTS:
4. 1. St Stephen's Hospital is a modern complex and provides
much improved conditions and facilities for patients and
staff.
2. A Government decision ended all disturbance payments in
the Public Service as and from 1st January, 1984.
3. Having regard to the rationalisation of Health Services
and the planning for the future policy in relation to the
Psychiatric Service, it is envisaged that substantial
re-location of hospital personnel will take place in time, in
many areas throughout the country. Any concession in respect
of this claim will have the inevitable effect of undermining
Government policy and lead to further claims for costly and
unproductive expenditure in the Health Service.
4. The Court is aware of the current serious financial
difficulties being experienced by the Health Boards. Having
regard to the economies which must be implemented, urgent
priorities are being identified. The claim could only be met
by a further reduction in Services and consequential job
losses.
RECOMMENDATION:
5. The Court having considered the submissions from the parties
does not recommend concession of the claim for travelling expenses
and free meals. Taking into account the particular circumstances
with regard to the different rota which the redeployed staff are
required to work on in St Stephen's the Court recommends
concessions of 4 days extra annual leave (2 per year over 2 years)
on return to Our Lady's Hospital.
~
Signed on behalf of the Labour Court
Evelyn Owens
17th October, 1989 -------------
A.McG/U.S. Deputy Chairman