FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NORTH WESTERN HEALTH BOARD - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR1979/00/CW.
BACKGROUND:
2. The worker and two of her colleagues are Staff Midwives in two hospitals within the North Western Health Board area. As part of its Y2K conversion programme, the North Western Health Board upgraded and installed a new version of its maternity computer system in these two hospitals. In 1996, the worker and one of her colleagues were assigned to computer related project work. In May, 1999, and February, 1999, respectively, both were assigned on a full time basis to upgrading the maternity and infant record system to ensure compatibility with Y2K. The remaining colleague was assigned on a full-time basis for a period of five weeks to this work.
- The workers believe that they are entitled to the Y2K Loyalty Bonus. The North Western Health Board reject this claim.
The dispute was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 22nd of November, 2000, as follows:-- “I recommend that (the worker) and her two colleagues accept that they have no entitlement to the Y2K loyalty bonus.”
- (The worker was named in the Rights Commissioner’s recommendation).
- (The worker was named in the Rights Commissioner’s recommendation).
UNION'S ARGUMENTS:
3. 1. All of the claimants were specifically assigned to Y2K work.
2. The purpose of the Loyalty Bonus was to retain skilled personnel in IT Departments. The North Western Health Board used a technicality, constructed by the Board, to use midwives in developing its systems in a manner which disentitled them.
3. The workers are effectively autonomous practitioners in midwifery and it would have been in their interests to go back to midwifery in order to maintain their levels of competency and proficiency in their chosen profession.
4. The workers showed loyalty to the Board and it’s IT Division by staying with the project.
5. The Board could not have effectively dealt with their Y2K project without the involvement of the midwives.
6. Two of the posts are still in existence, one in each hospital, where the workers are midwives and IT specialists.
BOARD'S ARGUMENTS:
4. 1. The scheme was negotiated in the Civil Service specifically for skilled IT staff in order to retain them in the approach to Year 2000. The scheme was then applied to skilled IT staff in the Public Service, including Health Boards.
2. To qualify for the Y2K Loyalty Bonus you must have been (a) skilled IT Personnel, and, (b) working on Y2K projects.
3. The workers were User Personnel assigned alongside IT staff and, therefore, do not qualify for the scheme. They were not designated IT personnel.
4. A number of Health Board personnel were excluded from the scheme.
DECISION:
The Labour Court gave careful consideration to the written and oral submissions of the parties. Having considered the work undertaken by the claimants, the Court is satisfied that they were involved in project work, assigned to assist with the implementation of a new maternity computer system. Therefore, the Court is satisfied that they do not come within the terms of circular Co: 1342 concerning "Year 2000 Loyalty Bonus Scheme for Skilled I.T. Staff" as it applied in the Health Services. The Court is satisfied that they were precluded by virtue of clause 7 of that circular.
Therefore, the Court upholds the recommendation of the Rights Commissioner and rejects the Union's appeal.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th June, 2002______________________
CH/MBDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Caroline Hayes, Court Secretary.