FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WESTERN HEALTH BOARD - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Annual leave for Public Health Nurses (PHN's) on offshore islands.
BACKGROUND:
2. The dispute concerns the number of days annual leave applicable to Public Health Nurses (PHN's) working in off-shore islands off the Galway coast in the Western Health Board Area. The Nurses are employed on a five day week Monday to Friday contract and are granted leave in accordance with a five day week. The Union claims that, given the nature of the claimants' work and the continuing need for PHN 's to work weekends, their annual leave should be calculated as applicable to a seven day working week. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 15th April, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held in Galway on the 16th February, 2005, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The claimants' work Monday to Friday and provide a planned essential service on Saturdays, Sundays and Public Holidays. During these hours they respond to emergencies as they arise. They provide a 24/7 critical care cover to the islanders.
2. The Board is applying a leave arrangement to their off shore PHN's which is inconsistent with both national agreements for PHN's and the method used in the case of the Mayo off shore nurses who are also employees of the Board (details to the Court). There is no rational basis for the calculation. It should be revised in line with the normal practice and applied with retrospective effect (i.e. June, 2002).
3. Providing a health service to islanders through the use of PHN's is highly cost effective and efficient. The conditions under which PHN's provide that service have already been described by the Board as "very exceptional circumstances". Presently PHN 's are not in receipt of equitable conditions with their mainland counterparts.
EMPLOYER'S ARGUMENTS:
4. 1. The Board has made a significant offer to the Union dated 27th January, 2003 which was amended following a conciliation conference. Conceding "on call" to all island PHN's regardless of whether or not there was a resident medical practitioner on the islands.
2. In recognition of the exceptional circumstances where the island PHN's respond to emergency situations the Board allowed island PHN 's to avail of 68 calendar days compensatory leave per annum. In conceding the Union's claim to payment of "on call" in line with theatre nurses the Board is in compliance with Department of Health Circular S.100/38. This Circular establishes the principal of compensation by way of either "time off in lieu" or payment at agreed rates but not both.
RECOMMENDATION:
The Court has considered the arguments in this case. In all the circumstances, the Court's view is that the Employer's offer of 27th January, 2003, as amended at conciliation on the 12th December, 2003, conceding "on call" to island Public Health Nurses, is reasonable, and should be accepted by the Union and implemented by the Employer. The Union's claim for extra leave should , in that situation, not be conceded. The Court would urge the parties to bring the entire matter of the conditions of employment for offshore nurses to a speedy conclusion.
Signed on behalf of the Labour Court
Raymond McGee
23rd February, 2005______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.