FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH EASTERN HEALTH BOARD - AND - PSYCHIATRIC NURSES ASSOCIATION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Claim for (1) travel time and (2) premium pay while attending courses.
BACKGROUND:
2. The South Eastern Health Board employs approximately 6,700 staff throughout the region. The Board provides resources for training programmes and for sponsorship of educational programmes undertaken by individual staff members. It is also obliged under health and safety legislation to provide staff with training on safe work practices.
The Union's claim, on behalf of approximately twenty nurses from the Waterford Psychiatric Services who attended a five day Control and Restraint Course at St. Canice's Hospital, Kilkenny, is for time off in lieu of time spent travelling to Kilkenny. The second claim is for compensation on behalf of approximately six nurses who had to come off night duty to attend two Behaviour Therapy Courses and, consequently, lost premium earnings of approximately £30 per night.
The Union requested referral of the dispute to the Labour Relations Commission. The Health Board refused to attend on the grounds that it would be unable to offer any concessions at conciliation. The Union then referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 1st of October, 1998, in Waterford.
UNION'S ARGUMENTS:
3. 1. Travel time: It is conservatively estimated that the average time spent travelling was 12.5 hours per person per week. Effectively the working week was increased by 12.5 hours. A precedent already exists for time off in lieu as the first group of nurses who undertook this course were credited with a day off in lieu of travel time. Although the course was beneficial to the nurses who participated, the Health Board is also a beneficiary if even one patient is prevented from injuring another person.
2. Premium pay: The Behaviour Therapy Course is for the sole benefit of enhancing the services for patients. It is unreasonable to penalise nurses financially for participating in such in-service training. The nurses concerned lost premium earnings of approximately £30 per night for two or three nights.
BOARD'S ARGUMENTS:
4. 1. Travel time: Time in lieu is not granted to staff for time spent travelling. Most training programmes do not start before 9.00 a.m. and frequently finish in advance of normal finishing time. Staff usually benefit from a shorter working day except occasionally when it is necessary for them to attend work before or after a training course. The granting of time in lieu would have a detrimental effect on the training budget which would render the budget ineffective in addressing the training needs of staff.
2. Premium pay: It is only in exceptional circumstances, where training is of paramount importance to the care of the patient or to the protection of staff, that staff would be rostered for training during a period of night duty. Premium payment can only be made where premium hours have been worked. The only option available is to try to facilitate the individuals concerned with the opportunity to work some additional night duty hours at a future date.
RECOMMENDATION:
The Court, having considered the information supplied, recommends as follows on the issues in dispute:-
Travel Time
The Court does not recommend concession of the Union's claim. The Court notes the Employer's stated practice of not rostering people to work on training days, except in exceptional circumstances. This should result in an equalisation of time over a period.
Premium Pay
The Court recommends that every effort be made by Management to ensure that the individuals involved in the particular course, who came off nights, are rostered to equalise their earnings, but does not recommend payment of premium pay for nights not worked.
Signed on behalf of the Labour Court
Finbarr Flood
23rd October, 1998______________________
D.G./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.