Labour Court Database __________________________________________________________________________________ File Number: CD9421 Case Number: LCR14387 Section / Act: S26(1) Parties: MATER HOSPITAL - and - A WORKER;IRISH NURSES ORGANISATION |
Claim for restoration / maintenance of pay relativity.
Recommendation:
Having considered the submissions of the parties, the Court does
not find that grounds have been established at this time to
justify recommending departure from the standard pay rates
applying to the Deputy Director of Nursing grade. The Court notes
that the working arrangements anticipated at the time of the
upgrading of the Unit Nursing Officers are not yet fully
operative. When these are in place, the parties should re-examine
the position having regard to the situations in similar hospitals.
Division: Mr Heffernan Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9421 RECOMMENDATION NO. LCR14387
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
MATER HOSPITAL
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
A WORKER
(REPRESENTED BY IRISH NURSES ORGANISATION)
SUBJECT:
1. Claim for restoration / maintenance of pay relativity.
BACKGROUND:
2. The worker concerned is employed as Deputy Director of
Nursing in the Mater Hospital. Following a number of staff
upgradings in February, 1991 the Hospital received permission
to upgrade three posts of Unit Nursing Officer to that of
Assistant Director of Nursing. The result in overall
structure was as follows.
Prior to 1991 April 1991
Director of Nursing Director of Nursing
Deputy Director of Nursing Deputy Director of Nursing
Unit Nursing Officers Assistant Directors of Nursing
Ward Sisters Unit Nursing Officer
Junior Ward Sisters Ward Sister
On 20th August, 1993 the Union lodged a claim on behalf of
the worker concerned for:
"the restoration of relativities eroded by the
re-grading of three Assistant Directors of Nursing some
time ago".
The Hospital rejected the claim and the dispute was referred
to Labour Relations Commission. A conciliation conference
took place on 8th November, 1993 but no agreement was reached
and the dispute was referred to the Labour Court on 14th
January, 1994 under Section 26(1) of the Industrial Relations
Act, 1990. A Labour Court hearing took place on 14th March,
1994 (the earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. There has always been a pay relativity between the
Deputy Director of Nursing and the Unit Nursing Officers.
Following the ungrading of the three Unit Nursing Officers,
who report to the Deputy Director of Nursing, they received a
salary increase of approximately 12%. The worker concerned
should have received a similar pay increase.
2. There is no change to the work or role of the three
Assistant Directors of Nursing. Any claims of increased
responsibility could be equally applied to the worker
concerned.
3. Presently there is a pay differential of 6.5% between
the grades of Assistant Director and Deputy Director. This
differential is insufficient when considering the additional
duties of the Deputy Director. The Hospital has recently
reaffirmed its confidence in the worker concerned.
HOSPITAL'S ARGUMENTS:
4. 1. The three Unit Nursing Officers were upgraded to
positions that were appropriate to their jobs. Their pay
increase reflects additional responsibilities. The role of
Deputy Director of Nursing is unaffected by the promotions
and no consequential pay increase arises.
2. The worker concerned is paid at the appropriate rate, in
accordance with the Department of Health rates of pay.
RECOMMENDATION:
Having considered the submissions of the parties, the Court does
not find that grounds have been established at this time to
justify recommending departure from the standard pay rates
applying to the Deputy Director of Nursing grade. The Court notes
that the working arrangements anticipated at the time of the
upgrading of the Unit Nursing Officers are not yet fully
operative. When these are in place, the parties should re-examine
the position having regard to the situations in similar hospitals.
~
Signed on behalf of the Labour Court
Kevin Heffernan
29th March, 1994. ______________________
C.O'N./A.L. Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.