FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COBH GENERAL HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGAINISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Hearing arising From Labour Court Recommendation 18641
BACKGROUND:
2. This case concerns a dispute between Cobh General Hospital and the Irish Nurses Organisation (INO) in relation to a claim for the introduction of a Pension Scheme for 14 nurses employed at the hospital. The matter was previously heard by the Labour Court and the Court recommended (LCR18641) that discussions should take place whereby the Union's claim for the introduction of a pension scheme would be satisfied. The Court also recommended that if the matter was not concluded satisfactorily that it could be referrred back to the Court.
The issue between the parties continues to be difficulties with regard to funding. Management at the hospital contends that it has been unsuccessful in obtaining additional funding from the Health Service Executive and the Department of Health and Children. It has, accepted in principal that the Union's claim is valid but cannot sustain the costs of the claim and cannot get additional funding.
The Union's position remains that the claimants have parity with HSE nurses in relation to pay and other conditons of employmet and it is unacceptable that pension entitlements are not forthcoming. The Union also claims that the age profile of some of the nurses will result in those retiring in the near future having no pension entitlements. The Union is claiming the introduction of an equivalent pension scheme as exists in the Public Service, retrospective to the initial date of the claim (July, 2001).
The matter was referred bak to the Court on 14th February, 2007. A Labour Court hearing took place on 25th October, 2007.
UNION'S ARGUMENTS:
3 1 It is unacceptable that nurses, some with in excess of 20 years service will retire with no pension entitlements. Management must apply a pension scheme in line with public service entitlements, retrospective to the date of the original claim.
2 The future viability of the hospital is at stake as Nurses may return to work elsewhere to obtain basic occupational pension entitlements.
3 Successive National Wage Agreements have provided for the introduction of pension schemes where none exist.
MANAGEMENT'S ARGUMENTS:
4 1 The Hospital fully accept the merit of the Claim but has been, and continues to be, unable to obtain funding for the introduction of the pension scheme.
2 Management has made every effort to provide pension cover by introducing the option of Personal Retirement Savings Accounts (PRSA's)
3 It was hoped that discussions regarding Governance/Management at the Hospital may have changed structures which could have addressed the Union's claim. Unfortnately, this has not been the case.
RECOMMENDATION:
The claim before the Court arises following Labour Court Recommendation No: 18641 where the Court adjudicated on a claim on behalf of Nursing staff employed at the Hospital who sought the introduction of the Local Government Superannuation Scheme retrospective to 5th July 2001. The Court recommended that the discussions which were ongoing between the Hospital and the HSE at the time, should be expedited and concluded as quickly as possible to arrive at a solution whereby the Union’s claim could be satisfied. The Court allowed the Union to refer the claim back to the Court in the event that these discussions did not resolve the matter to their satisfaction.
Having heard from both parties on the outcome of the discussions and their current positions, the Court recommends that the parties should now meet to discuss the introduction of an appropriate Pension Scheme for the nurses involved in this claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd November 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.