FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH EASTERN HEALTH BOARD - AND - A WORKER (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR4823/01/GF.
BACKGROUND:
2. Department of Health and Children Circular 27/66 authorises the Health Boards to sponsor Student Public Health Nurses undertaking the Diploma in Public Health Nursing. The number of sponsorship places is limited and access is by public advertisement followed by interview.
In July, 2000 under a revised Circular 85/2000 the number of sponsorship places was increased and sponsorship extended to include paid salary at the minimum of the Staff Nurse rate of pay while studying for the Diploma and 80% of the minimum of the Public Health Nurse rate of pay for the period of clinical placement.
The selection for sponsorship remained the same.
In 1999/2000 forty two students completed the Diploma course. Twenty four were sponsored and eighteen were not. The agreed arrangements were that the sponsored students would receive the minimum of the Staff Nurse rate of pay, a refund of fees and 80% of the minimum of the Public Health Nurse rate of pay and the non sponsored students would receive a refund of fees plus 80% of the minimum of the Public Health Nurse rate of pay. The Union argued that the same arrangements should apply to all students but the Department insisted that the non sponsored students had no employment relationship with the Health Boards and therefore are not entitled to the minimum of the Staff Nurse rate of pay.
The Union's claim is on behalf of its member for monies due to her after completing the Diploma course in Public Health Nursing at University College, Cork. The Union states that under the agreement she is automatically entitled to a refund of fees and payment for her clinical placement period and as she was an employee of the Health Board throughout she should receive the minimum of the Staff Nurse rate of pay. The Board rejects the claim stating that the worker concerned did not apply for sponsorship and the benefits she is now claiming were only available to students sponsored by the Health Boards.
The dispute was referred to a Rights Commissioner for investigation and recommendation. In his recommendation which issued on the 11th of October, 2002, he recommended that the worker's claim be conceded in full and final settlement.
The Board appealed the Recommendation to the Labour Court on the 31st of October, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th of February, 2003, the earliest date suitable to the parties.
BOARD'S ARGUMENTS:
3. 1. The worker concerned did not apply or compete for the Board's Student Public Health Nurse sponsorship programme which was open to all employees and external candidates.
2. The worker concerned was not given an assurance that her sponsorship was secure. Her circumstances are not unique as there are a number of students each year who fail to secure sponsorship and fund the course themselves.
UNION'S ARGUMENTS:
4.1. The worker concerned was encouraged toapply for and complete the course and was assured that her sponsorship was secure.
2. The Department of Health and Children acknowledged that the worker's position was different to the other non sponsored students and made an offer of €5080, a refund of fees and payment of 80% of the minimum of the Public Health Nurse rate of pay for the clinical placement period. The offer was rejected as she claimed that she should be entitled to the same treatment as the sponsored students.
DECISION:
During the course of the hearing the parties advised the Court that the Department of Health acknowledged that the claimant's position was different to the other non-sponsored students and had consequently made an offer of €5,080 in addition to the refund of fees and payment of 80% of the minimum of the Public Health Nurse rate of pay for the period of the clinical placement. The Court recommends that in full and final settlement of this claim that this offer should be increased by an additional €5,000.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st February, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.