Labour Court Database __________________________________________________________________________________ File Number: CD9412 Case Number: LCR14463 Section / Act: S20(1) Parties: SOUTH EASTERN HEALTH BOARD - and - THE IRISH NURSES ORGANISATION |
Dispute concerning the payment of the dual qualification allowance to two temporary nurses.
Recommendation:
Having considered the submissions from the parties and the
enclosed Arbitrator's Report, the Court is satisfied that there is
merit in the Union's claim and accordingly recommends its
concession.
The Court further recommends that the parties agree that the
monies due be paid over 3 by 6 monthly periods commencing 1st
August, 1994.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9412 RECOMMENDATION NO. LCR14463
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
SOUTH EASTERN HEALTH BOARD
AND
THE IRISH NURSES ORGANISATION
SUBJECT:
1. Dispute concerning the payment of the dual qualification
allowance to two temporary nurses.
BACKGROUND:
2. 1. Historically, the dual qualification rate of pay was
only paid to permanent psychiatric nurses working in
psychiatric institutions and who possessed the dual
qualification. In November, 1992, following Arbitration
Report No. 146, nurses in the general hospital programme
with the psychiatric nurse or mental handicap
qualification were recognised for dual qualification
payment purposes.
2. In 1984, the two nurses concerned were placed on the
first increment of the dual qualification salary scale
upon their appointment to temporary nurse positions at
St. Otteran's Hospital. They continued to be paid on
this salary scale until August, 1986 when this changed
and they were paid the first increment on the basic
staff nurse salary scale. On 2nd August, 1991 the
nurses had the dual qualification salary scale restored
to them following Arbitration Report No. 146.
3. The nurses first raised this issue with local management
in 1986 when the dual qualification allowance was
suspended. Management at the time contended that they
were employed as psychiatric nurses and not dual
qualified staff. The nurses raised their claim again
early in 1992 and sought retrospective payment of the
dual qualification allowance from 22nd August, 1986 to
the 2nd August, 1991. Management maintained that nurses
were in receipt of this allowance as of the 2nd August,
1991, in accordance with the findings of the Arbitration
Report No. 146, but refused to pay any retrospection.
The Union referred the dispute to the Labour Relations
Commission but the Board refused to attend a
conciliation conference. The issue was then referred by
the Union under Section 20(1) of the Industrial
Relations Act, 1969 to the Labour Court. The Court
investigated the dispute on the 25th May, 1994 in
Waterford.
UNION'S ARGUMENTS:
3. 1. St. Otteran's Hospital only provides care for patients
with mental illness and had these nurses been made
permanent they would have been immediately assimilated
onto the appropriate increment of the dual qualified
salary scale, similar to all their other dual qualified
permanent colleagues.
2. The suspension of the salary was discriminatory to these
temporary nurses, who provided the same expert and
competent nursing care as their permanent dual qualified
nursing colleagues.
BOARDS'S ARGUMENTS:
4. 1. The Board has fully honoured and implemented the
Arbitrator's findings with effect from the date of
notification by the Department of the acceptance of the
Arbitrator's findings. The Board is therefore not
prepared to enter into negotiations with individual
nurses who are now seeking retrospection in excess of
that which already has been determined by the
Arbitrator.
2. The Board accepts that there was an anomaly between the
rate of pay for permanent dual qualified staff who
received the benefit of the extra qualifications in
their pay and those of temporary staff who did not, but
maintains that this has now been regularised since 1991
following Arbitrator's Report No.146.
RECOMMENDATION:
Having considered the submissions from the parties and the
enclosed Arbitrator's Report, the Court is satisfied that there is
merit in the Union's claim and accordingly recommends its
concession.
The Court further recommends that the parties agree that the
monies due be paid over 3 by 6 monthly periods commencing 1st
August, 1994.
~
Signed on behalf of the Labour Court
15th June, 1994 Tom McGrath
P.O.C./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.