FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Time off under Parental Leave Arrangements.
BACKGROUND:
2. The claim concerns approximately 1,100 nursing staff working in the Cork University Hospital (CUH) who may wish to avail of Parental Leave arrangements at some time during their working career but are restricted to taking blocks of at least 5 days duration off at a time, a more flexible approach is urgently required.
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 29th May, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th October, 2007.
UNION'S ARGUMENTS:
3. 1. All other acute hospitals and even other disciplines within CUH enjoy the flexibility required in the allocation of Parental Leave.
2. By denying Parental Leave in days, the HSE is reducing the sick / annual leave of the Nurses both of which should be preserved.
3.Many of the nursing staff struggle to maintain challenging careers in CUH along with raising the next generation.
COMPANY'S ARGUMENTS:
4. 1. The granting of Parental Leave in days would be subject to Nursing levels being at their full complement.
2. The delivery of good patient care could be at risk due to the complexity of balancing rostering/skill mix with continuing staff shortages for possibly only one day at a time.
3.The Nurse Management at CUH would agree to granting Parental Leave in units of days on a pilot scheme basis in agreed areas of the hospital.
RECOMMENDATION:
The Court notes that the Union are seeking a pilot project of granting parental leave in blocks of days. The HSE are agreeable to this approach but the point of departure between the parties relates to the replacement of staff on parental leave.
The Court is aware of the current constraints on the HSE in relation to the replacement of staff on temporary absences. That is a broader issue which cannot be addressed in the context of the current case. It is, however, accepted by the HSE that they have some flexibility in providing replacements.
In the circumstances the Court recommends that the HSE agree to the proposal put forward by the INO, dated 19th October 2007, and that replacements be provided to the maximum extent possible having regard to current constraints.
Signed on behalf of the Labour Court
Kevin Duffy
22nd November, 2007______________________
JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.