FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : RATHFREDAGH CHESHIRE HOME (REPRESENTED BY IRISH BUSINESS EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Access Tt Senior Staff Nurse Scale.
BACKGROUND:
2. This dispute concerns a claim by the Union that a Worker should be reclassified as a Senior Staff Nurse in line with the national nursing agreement reached between the HSE and nursing unions in 2001. The criteria for deciding eligibility for this reclassification referred to periods of qualifying service in the "Irish Public Health Service" and, in rejecting this claim, the Employer emphasises that it is not part of the "Irish Public Health Service".
This 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 22nd September 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 19th November 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Worker has been a loyal, hard-working member of the Employer's staff for over 24 years.
2. Comparator organisations have reclassified staff in accordance with the terms ofthe national nursing agreement reached between the HSE and nursing unions in 2001.
3.This claim should be conceded with full retrospection.
EMPLOYER'S ARGUMENTS:
4. 1. Although the Employer receives funding from the HSE it is not a part of the "Irish Public Health Service".
2. While the terms and conditions of the Employer's staff are similar in many respects to those applying in the HSE, the Employer was not a party to, nor is bound by, thenational nursing agreement reached between the HSE and nursing unions in 2001.
3.Concession of this claim would have far-reaching effect on the Employer and other similarly-funded organisations.
RECOMMENDATION:
The Court notes that this case turns on whether or not the employer in this case is to be regarded as part of the Irish Public Health Service.
In the Court’s view the Union should seek to establish, at an appropriate forum, the ambit which should be ascribed to the term “ Irish Public Health Service” as used in the eligibility criteria.
When the point is clarified the matter may be referred back to the Court.
Signed on behalf of the Labour Court
Kevin Duffy
9th December, 2008______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.