Labour Court Database __________________________________________________________________________________ File Number: CD90537 Case Number: LCR13086 Section / Act: S67 Parties: PUBLIC VOLUNTARY HOSPITALS - and - THE IRISH NURSES ORGANISATION |
Claim by the Union concerning the non payment of salary to student nurses during their initial training period.
Recommendation:
5. The Court is satisfied that the claimants should be paid the
appropriate rate of salary during their initial training period.
Accordingly the Court finds in favour of the Union's claim.
Taking into account the financial implications for the hospitals
and the delay in bringing the claim the Court considers that a
reasonable manner of resolving the dispute would be to commence
payment for the full initial training period from 1st January,
1991 and that the claimants be paid half of the loss which they
incurred in 1989 and 1990.
The Court so recommends.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD90537 RECOMMENDATION NO. LCR13086
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: PUBLIC VOLUNTARY HOSPITALS
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
THE IRISH NURSES ORGANISATION
SUBJECT:
1. Claim by the Union concerning the non payment of salary to
student nurses during their initial training period.
BACKGROUND:
2. The Department of Health has designated a number of hospitals
under the Public Voluntary Hospital system as recognised teaching
hospitals. The designated hospitals provide training to student
nurses through their schools of nursing. Student nurses receive
salary during training but students attached to Voluntary
Hospitals do not get paid during their initial period of training
(initial block training). This period can vary from 6 - 10 weeks.
Student nurses in Health Board training hospitals are paid salary
from the first day of training. During the last quarter of 1989
the Union lodged a claim seeking payment of salary to all student
nurses from the first day of introductory block training. The
claim was discussed at local level but as agreement was not
reached it was referred to the conciliation service of the Labour
Court on 6th February, 1990. The dispute was the subject of a
Labour Court conciliation conference on 24th August, 1990 (the
earliest suitable date to the employer side). As the dispute was
not resolved at the conciliation conference, the Union side
requested that it be referred to a full Labour Court hearing for
investigation and recommendation. Hospital Management
Representatives agreed to the referral and the Court investigated
the dispute on 7th November, 1990.
UNION'S ARGUMENTS:
3. 1. The rate of pay of student nurses, as stated nationally by
the Department of Health, is - 1st year #3,641, 2nd year
#5,964, and 3rd year #8,533. Voluntary Hospitals have
departed from these scales as they do not pay students during
the initial training period. This practice is at variance
with the practice in Training Schools run by Health Board
Hospitals throughout the country as all of these employers pay
student nurses from the first day of entry to the school.
2. Nurse training in Ireland requires that 28 weeks of the 3
year training period is spent in the classroom setting. All
training schools have allocated a portion of the 28 weeks to
the very first module of training. The students undergo
initial block training to ensure that they can undertake basic
nursing duties when they commence ward duty. This theoretical
training module is most definitely an integral part of the
training and accordingly, students should be in receipt of
salary immediately on its commencement.
3. All student nurses on being accepted for training are
advised of specified requirements in relation to uniforms,
books etc. Voluntary Hospitals are most insistent about
requirements being met despite the fact that their students
have no income during their initial training. Hospital
requirements of uniforms etc can entail a cost of up to #600.
The loss in salary to the individual can vary from #540 to
#700, depending on the length of the initial block training.
4. The Department of Health's circular letter of 23rd April,
1987, concerning "arrangements for student nurse recruitment"
stipulates that "student nurses are to receive a flat
allowance of #50 per week during the first year of training on
the basis that free accommodation etc. can be provided"
Voluntary Hospitals are in breach of this instruction. The
Court is accordingly asked to recommend that:-
(a) all monies should be paid to student nurses who were
not paid during their introductory block training in
the past two years
and
(b) in future all Voluntary Hospitals should pay the
stated salary from the first day of student nurse
training including the initial study block.
PUBLIC VOLUNTARY HOSPITALS ARGUMENTS:
4. 1. Some designated public Voluntary Hospitals provide a
student nurse training service. The initial period of
theoretical study for students varies from 6 - 10 weeks.
During this period student nurses do not provide any service.
While they receive full accommodation and meals the tradition
within the Voluntary Hospital system is that no direct
payments are made during the initial introductory training
period. This situation pertained well in advance of the
severe budgetary constraints placed on the health services in
the latter part of the 1980's. Since the introduction of
budgetary constraints, voluntary hospitals have been operating
in deficit situations and it would not have been possible for
them to introduce salary payments to students during initial
theoretical study. The Voluntary Hospitals continue to
operate under very severe financial constraints and concession
of this claim would have considerable implications for them.
2. The Union has submitted a claim on behalf of general
nurses for a comprehensive grading and differential review.
Any claim relating to further improvements in the employment
conditions of nurses should come within the ambit of this
claim.
3. Special pay increases have been paid to nurses under
clause 3.3 and clause 3.4 of the Elaboration of the Agreement
on pay in the Public Sector. As the current claim falls
within the terms of clause 3.5 of the Elaboration, the agreed
position is that such claims may not be processed to finality
until after 31st March, 1991.
RECOMMENDATION:
5. The Court is satisfied that the claimants should be paid the
appropriate rate of salary during their initial training period.
Accordingly the Court finds in favour of the Union's claim.
Taking into account the financial implications for the hospitals
and the delay in bringing the claim the Court considers that a
reasonable manner of resolving the dispute would be to commence
payment for the full initial training period from 1st January,
1991 and that the claimants be paid half of the loss which they
incurred in 1989 and 1990.
The Court so recommends.
~
Signed on behalf of the Labour Court
Evelyn Owens
____________________________
28th November, 1990. Deputy Chairman
A.McG/J.C.