FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE - WEST - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Payment of night duty premia in the Renal Unit
BACKGROUND:
2. The dispute relates to 20 nurses in the renal unit of Letterkenny General Hospital. At present night duty, which falls between 8.00 p.m. and 8.00 a.m. pays time plus one quarter. Nurses who work shifts after 6.00 p.m. receive a shift payment of time plus one sixth even if the shift runs after 8.00 p.m.. The Union is seeking that payment for hours worked between 8.00 p.m. and the end of the shift should be paid at time plus one quarter. The HSE has rejected the claim.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 20th December, 2006. A Labour Court hearing took place on the 20th of June, 2007, in Donegal.
UNION'S ARGUMENTS:
3. 1. By extending their hours after 8.00 p.m. on their shifts nurses were accommodating the service. They are working the same hours as day staff who are on night duty but receive less payment. This includes the Night Sister or Night Superintendent to whom all staff report after the commencement of the night duty.
2. The precedent exists in the Hospital time plus one quarter is paid after 8.00 p.m. in other units.
HSE'S ARGUMENTS:
4. 1. The rule governing the payment of night duty premium (time plus one quarter) is set out in the department of Health Circular S100/185 from 1979. The circular provides that the premium"applies to grades rostered for night duty on a rotational basis."Night duty is defined as one where an employee works at least 3 hours between midnight and 7.00 a.m.
2. The workers involved in the claim are not rostered for night duty even though they may work beyond 8.00 p.m. on their shift. They receive an unsocial hours premium for their shifts from 6.00 p.m. onwards.
RECOMMENDATION:
The Court has considered the submission in this case. Given the unsocial nature of the twilight shift and the fact that payment at Time + 1/4 already exists within the hospital for a similar type of arrangement, the Court recommends that on the basis of a local arrangement only the Union's claim should be conceded in full.
Signed on behalf of the Labour Court
Raymond McGee
31st July, 2007______________________
CON/Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.