FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST. BRIGID'S HOSPITAL (REPRESENTED BY SOUTH EASTERN HEALTH BOARD) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Staffing levels.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of it's members for an increase in staffing levels at St. Brigid's Hospital, Carrick-on-Suir, to match increased workloads placed on the staff. The Union lodged a claim with Management in November, 2002, seeking the addition of four wholetime staff nurses, Management stated that they had sought additional funding for staff in their service plan for 2003 and also indicated that they would try to reduce the workload by reducing the number of palliative care patients admitted at any one time. In February, 2003, the Board informed that Union that no additional funding has been made available and therefore they could not concede to the claim for additional staff.
- The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 20th December, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd April, 2004, the earliest date suitable to the parties.
3. 1. A dependency study was carried out at the hospital to examine workloads and the requirements for additional staff. The dependency levels have increased at the centre over the last ten years but has not been matched with the provision of additional staff.
2. It is increasingly difficult for nurses to provide quality care in the absence of adequate resources.
3. Nursing staff have continuously raised their concerns with Management to which the reply is budgetary constraints. This is ignoring the well-being of the nurse and the patient.
4. The staffing levels on nights forces nurses to ignore the Board's own policy on the safe administration of schedule II drugs. The Unions claim seeks two of the four wholetime equivalent nurses for night duty.
COMPANY'S ARGUMENTS:
4. 1. Any increases in staffing at the hospital may have a knock on effect for the other five district hospitals with the South Eastern Health Board.
2. The hospital's staffing levels would be on a par with the other district hospitals, if not better at times.
3. The Union's claim is unjustifiable at this time and cannot be realistically dealt with without the risk of a severe cost increasing knock on effect within the Board.Currently there is no funding available for additional staff at St. Brigids.
4.The Board will comply with any future national strategy or agreement on ratios of staffing in district hospitals, however the Board cannot act independently on this issue.
RECOMMENDATION:
It is noted that whilst the Health Board accepts that there is some staff shortage at the Hospital they do not accept that it is of the magnitude claimed by the Union. In the Court's view the parties should resolve this question by commissioning an independent dependency study to examine staffing levels having regard to workloads and the requirements of patient care.
This study should commence as soon as is practicable and be completed within a period not exceeding three months. The Board should then take such steps as are necessary to give effect to the outcome of the study.
Signed on behalf of the Labour Court
Kevin Duffy
11th May, 2004______________________
JO'C/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.