Labour Court Database __________________________________________________________________________________ File Number: CD96138 Case Number: LCR15162 Section / Act: S26(1) Parties: THE HOSPITALLER ORDER OF ST. JOHN OF GOD - (Represented by ST. AUGUSTINE'S SCHOOL, BLACKROCK) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Redundancy/alternative employment.
Recommendation:
5. Having considered the submissions and arguments from the
parties the Court recommends that;
(a) The Hospital agree to red-circle the
existing three nurses on the nursing
rate of pay;
(b) The nurses concerned give an
undertaking to perform duties of
care-staff;
and/or
(c) The parties further discuss the
implications of redeployment.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD96138 RECOMMENDATION NO. LCR15162
INDUSTRIAL RELATIONS ACTS,1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: THE HOSPITALLER ORDER OF ST. JOHN OF GOD -
ST. AUGUSTINE'S SCHOOL, BLACKROCK
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Redundancy/alternative employment.
BACKGROUND:
2. 1. St. Augustine's School, Blackrock operates under the
aegis of the Hospitaller Order of St. John of God.
It provides residential schooling for students with
behavioural difficulties. The school caters for one
hundred and thirty one day time students and twenty-
five boarders. The boarding students are supervised
at night by three nursing staff. The students
reside (Monday to Friday) in chalets integrated
within a local housing estate beside the school.
The Order wishes to replace the nursing staff (3)
with care staff on a sleep-over basis. The nursing
staff concerned have been offered redeployment
elsewhere.
2. The Union rejected the Order's proposals and claims
that sufficient justification has not been given for
the proposed changes and is also refusing to accept
the concept of redundancies.
3. As no agreement was possible between the parties the
dispute was referred to the Conciliation Service of
the Labour Relations Commission. A conciliation
conference was held on the 29th January, 1996 and
the 19th February, 1996 but no agreement was
possible The dispute was referred to the Labour
Court on the 19th March, 1996 under Section 26(1) of
the Industrial Relations Act, 1990. The Court
investigated the dispute on the 30th April, 1996
(the earliest date suitable to both parties).
UNION'S ARGUMENTS:
3. 1. The students concerned have particular needs and
require a special regime of care which the nurses
provide.
2. The nurses, with their qualifications and skill
provide an additional dimension to the resources of
the school.
3. There is a strong bond between the nurses and
the students.
4. It is unacceptable to the Union that care staff
should replace its nursing staff members.
ORDER'S ARGUMENTS:
4. 1. The Order receives its funding for St. Augustine's
School from the Exchequer and is obliged to comply
with Government policy on employee numbers.
2. A sleep-over arrangement is in keeping with the aims
of the school to meet the needs of the students.
3. St. Augustine's is a centre for education and not a
medical facility.
4. There will be no job losses. The three nurses
concerned have been offered redeployment on night
duty elsewhere.
5. The Order wants to maximise the use of nursing
skills to the best effect as outlined in the
Proposals for Agreement on Pay and Conditions of
Nurses, to which the Union is a party.
RECOMMENDATION:
5. Having considered the submissions and arguments from the
parties the Court recommends that;
(a) The Hospital agree to red-circle the
existing three nurses on the nursing
rate of pay;
(b) The nurses concerned give an
undertaking to perform duties of
care-staff;
and/or
(c) The parties further discuss the
implications of redeployment.
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Signed on behalf of the Labour Court
9th May, 1996 Evelyn Owens
L.W./U.S. ------------
Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Larry Wisely, Court Secretary.