FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST ANNES SERVICE ROSCREA (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Physical Assault
BACKGROUND:
2. The case before the Court concerns a dispute between the Union and St Annes Service Roscrea concerning the operation of a Physical Assault scheme and the appropriate payments to staff should an assault occur. St Annes is a service provider for people with intellectual disabilities providing residential and day care facilities. The parties are in dispute as to the definition of a serious physical assault. The Union are claiming that staff who are assaulted in the course of their duties and are subsequently absent from work, should be paid the Serious Physical Assault Scheme, which provides for the payment of all premia and allowances while out of work.
The regular sick pay scheme provides cover on basic pay only which is inadequate as the staff should not be held responsible if attacked in the course of their duties.
The Employer's position is that it uses the HSEA definition of serious physical assault prior to payment of the SPA Scheme, although there is currently national discussions on the definition of serious physical assault and a possible increase in the scope of the scheme to cover nursing grades other than psychiatric.
The Dispute could not be resolved a 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 29th September 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court Hearing took place on 28th June 2005.
UNION'S ARGUMENTS:
3. 1. Members are working in a high risk environment on a daily basis. It is unnaceptable that absences caused by injuries sustained while at work are paid for under the normal sick pay scheme. This results in a loss of earnings as there are certain allowances and premia paid while at work.
2. Many clients in St Annes are classified as "dual diagnosis". This means they have intellectual difficulties in the first instance but also psychiatric problems. The incidence of physical assault with dual diagnosis clients is much higher and staff do not have the training, facilities or back up to deal with such situations. Carers of patients diagnosed primarily as psychiatric are paid SPA on report of an assault.
3. There are other similar services who apply the SPA Scheme on receipt of a report of an assault.
COMPANY'S ARGUMENTS:
4. 1. The incidence of physical assault has been reduced significantly following preventative measures put in place by the service.
2. The costs of paying all earnings inclusive of allowances and other premia, while out following an assault, would be unsustainable and outside the industry norm.
3. The scheme in place in St Annes is in line with practices in similar organisations.
RECOMMENDATION:
The definition of ‘serious physical assault’ and its application in St. Anne’s Service has caused difficulties for care staff who are of the view that it is applied too strictly. As a result of the Centre’s interpretation of the scheme staff who are physically assaulted by patients are claiming that they suffer a loss of potential earnings, relating to premia and allowances.
The Court was informed of talks, which are currently taking place at national level on the issue of Serious Physical Assault payments.
These talks are addressing the issue of the current definition of ‘Serious Physical Assault’, and its application to other staff outside of Psychiatric Nurses.
Having considered the matter, in an effort to bring about a resolution to this dispute, the Court recommends that the parties should seek to have these talks expedited, in the interest of all concerned.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th July 2005______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.