Labour Court Database __________________________________________________________________________________ File Number: CD95685 Case Number: LCR15074 Section / Act: S26(1) Parties: SOUTH EASTERN HEALTH BOARD - and - PSYCHIATRIC NURSES ASSOCIATION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Confined competition for permanent posts.
Recommendation:
The Act governing the appointment of staff in the Health Boards
was enacted in 1970 (Health Act 1970 Section 14). The directions
of the Minister as referred to in Section 14(5)(a) of the Act have
been determined as per circular 10/71 which specifically refers in
paragraph 3 to selection procedures.
However, notwithstanding the above, because of specific problems
affecting long term temporary nurses in 1979, agreement was
reached between the Health Boards and the organisations
representing psychiatric nurses on a basis to resolve the
problems. The agreement provided for the filling of permanent
vacancies through confined competitions for long term temporary
nurses, and for nurses on a long term temporary basis to be
discontinued as soon as possible.
The Court finds that for various reasons the employment of long
term temporary nurses has not been discontinued.
As a consequence, in the view of the Court, nurses in this
capacity who have contributed in no small measure to the efficient
delivery of the service to patients as required by the Health
Board are at a disadvantage when they are required to apply for
permanent vacancies in open competition.
Because of the exigencies of the service and the commitment of the
nurses concerned to the flexibilities required, these nurses have
not been in a position to avail of in-service training courses to
update their skills.
Further, at the hearing it was indicated to the Court that if
permanent vacancies were filled by confined competition the age
profile of the nursing staff was likely to be affected.
It is clear to the Court that long term temporary nurses are
placed at a serious disadvantage when permanent vacancies are
filled by way of open competition. Accordingly, the Court finds
that, given their contribution and commitment to the delivery of
the service to the patients, they are treated unfairly.
The Court recommends that the Health Board and the organisations
representing long term temporary nurses discuss the situation,
and, if necessary, consult with the Department of Health with a
view to putting in place arrangements which provide fair and
equitable treatment for long term temporary nurses applying for
permanent vacancies in the Health Board.
In the event that agreement cannot be reached between the parties
the Court will consider the progress made and may issue a
definitive recommendation.
Division: Mr McGrath Mr Pierce Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95685 RECOMMENDATION NO. LCR15074
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
SOUTH EASTERN HEALTH BOARD
AND
PSYCHIATRIC NURSES ASSOCIATION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Confined competition for permanent posts.
BACKGROUND:
2. The dispute arises from a recent advertisement for an open
competition to fill permanent staff nurse vacancies in the
Waterford Psychiatric Services. There are currently
approximately 120 long term temporary nurses employed by the
Health Board.
The Board states that it is obliged to fill all vacancies by
open competition as dictated by Section 14 of the Health Act,
1970. The Unions argue that the posts concerned are not
promotional posts, but posts in which the existing temporary
nursing staff have practiced competently for up to 15 and 20
years. In addition, in 1973 the Board agreed to fill certain
vacancies in Clonmel by confined competition and this has
continued to the present day.
The dispute was the subject of a conciliation conference
under the auspices of the Labour Relations Commission on 14th
November, 1995. Agreement was not reached and the Unions
requested that the dispute be referred to the Labour Court in
accordance with Section 26(1) of the Industrial Relations
Act, 1990. A Labour Court hearing was held on 10th January,
1996.
UNIONS' ARGUMENTS:
3.1 The temporary nurses concerned are at a serious disadvantage
competing in an open competition. They are not released to
attend in-service training courses and, due to the
flexibility in working hours required, are unable to access
courses in their own time.
2 They have shown a high level of commitment, flexibility and
dedication to their jobs over a long number of years, despite
the many disadvantages associated with temporary work and the
fact that their earnings are considerably lower than those of
their permanent colleagues.
3 Any appointment of external candidates to the permanent
positions would result in a decrease of available hours of
work for the temporary staff, with a corresponding loss of
earnings and subsequent constructive dismissal. Several
temporary nurses are also close to retirement and will be due
a gratuity based on their last 3 years' earnings. They are
not entitled to a Health Board pension.
4 There is no statutory obligation on the Board to fill
permanent posts by open competition. In recent years both
the Eastern Health Board and the Western Health Board held
confined competitions. The Board concerned has also filled
vacancies in St. Michael's Unit, attached to St. Joseph's
Hospital, Clonmel, by confined competition.
BOARD'S ARGUMENTS:
4.1 The policy of the Board is determined by statute under
Section 14 of the Health Act, 1970 which stipulates that the
recruitment of staff must be in accordance with the
Minister's directive. This has been determined in Circular
10/71 which refers specifically to selection procedures by
open competition.
2 The Board routinely advertises vacancies in all of its
institutions for General, Special and Community Care posts.
It is an equal opportunities employer and must ensure that
all eligible candidates are afforded access to competitions.
3 In 1993 a panel of qualified nurses was established in order
of merit to fill vacancies as they arose in the Waterford
Psychiatric Services. Approximately 70% of the successful
candidates had been temporary staff within the service.
4 The confined competitions held by the Eastern and Western
Health Boards resulted from re-organisation, increased posts
or the implementation of cost-saving measures at that time.
All other vacancies are advertised and filled by open
competition.
RECOMMENDATION:
The Act governing the appointment of staff in the Health Boards
was enacted in 1970 (Health Act 1970 Section 14). The directions
of the Minister as referred to in Section 14(5)(a) of the Act have
been determined as per circular 10/71 which specifically refers in
paragraph 3 to selection procedures.
However, notwithstanding the above, because of specific problems
affecting long term temporary nurses in 1979, agreement was
reached between the Health Boards and the organisations
representing psychiatric nurses on a basis to resolve the
problems. The agreement provided for the filling of permanent
vacancies through confined competitions for long term temporary
nurses, and for nurses on a long term temporary basis to be
discontinued as soon as possible.
The Court finds that for various reasons the employment of long
term temporary nurses has not been discontinued.
As a consequence, in the view of the Court, nurses in this
capacity who have contributed in no small measure to the efficient
delivery of the service to patients as required by the Health
Board are at a disadvantage when they are required to apply for
permanent vacancies in open competition.
Because of the exigencies of the service and the commitment of the
nurses concerned to the flexibilities required, these nurses have
not been in a position to avail of in-service training courses to
update their skills.
Further, at the hearing it was indicated to the Court that if
permanent vacancies were filled by confined competition the age
profile of the nursing staff was likely to be affected.
It is clear to the Court that long term temporary nurses are
placed at a serious disadvantage when permanent vacancies are
filled by way of open competition. Accordingly, the Court finds
that, given their contribution and commitment to the delivery of
the service to the patients, they are treated unfairly.
The Court recommends that the Health Board and the organisations
representing long term temporary nurses discuss the situation,
and, if necessary, consult with the Department of Health with a
view to putting in place arrangements which provide fair and
equitable treatment for long term temporary nurses applying for
permanent vacancies in the Health Board.
In the event that agreement cannot be reached between the parties
the Court will consider the progress made and may issue a
definitive recommendation.
~
Signed on behalf of the Labour Court
2nd February, 1996 Tom McGrath
D.G./A.K. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.