FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE-WEST - AND - TWO WORKERS (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Recommendation IR21613/04/TB & IR21614/04/TB
BACKGROUND:
2. The case before the Court concerns an appeal by the Union of Rights Commissioner's Recommendations IR21613/04/TB & IR21614/04/TB. The dispute concerns two Nurses who work as Night Sisters on a week- on/week- off basis in a learning disability residential unit and are paid at CNMII level. One of the Claimants has recently been seconded to the post of Day Community Manager but has retained the option to return to her role as Night Sister. The Union's original claim was that the Claimants be regraded to that of Night Superintendent paid at CNMIII level which was, in its view, the appropriate grade to the work carried out.
The role of Night Superintendent was subsequently reviewed and was regraded to Assistant Director of Nursing paid at CNMIII grade.
The HSE'S position is that the posts are paid at the apropriate level (CNMII) as the duties involved and the levels of responsibility attached to the posts are not appropriate to the Night Superintendent/Assistant Director of Nursing grade. Management also contend that regrading the claimants would not improve the service to the residents and the additional costs involved would be unsustainable.
The dispute was referred to a Rights Commissioner for investigation. His Recommendation issued on the 24th March, 2005 as follows:
"Based on the evidence submitted and the discussion at the hearing, I do not recommend in favour of the Union's claim".
On the 26th April, 2005 the Union appealed the Right's Commissioner's Recommendation in accordnce with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court Hearing took place on 8th March, 2006.
UNION'S ARGUMENTS:
3. 1. The duties carried out by the Claimants are far beyond those of CNMII. The CNMII grade applies to first line management only. The responsibilites and skills required to carry out the post of Night Duty Nurse Manager at Cloonamahon is appropriate to the Assistant Director of Nursing and the Claimants should be regraded accordingly.
2. Comparators in the field of intellectual disabilty in the region are titled Unit Coordinators and have been graded at CNMIII since the Commission on Nursing Report.
MANAGEMENT'S ARGUMENTS:
4. 1. The roles carried out by the Claimants do not warrant an upgrade to that of Night Superintendent/Assistant Director of Nursing paid at Grade CNMIII level. There are no such posts on night duty within the HSE area except in the General Hospitals.
2.There is currently a process of restructuring in Cloonnamahon as residents are being relocated to community homes. It is in line with this process that management structures will be looked at in consultation with the relevant Unions.
3.The claim is cost increasing and precluded under Sustaining Progress.
DECISION:
Having considered the oral and written submissions of the parties, along with the history of the claim and forthcoming restructuring, the Court feels that the Claimants, on a non-precedential basis unique to their circumstances, should be re-graded as per the Union's claim with effect from July, 2002.
The Court so decides and overturns the Recommendation of the Rights Commissioner.
Signed on behalf of the Labour Court
Raymond McGee
31st March 2006______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.