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 Murphy Worker Member: Mr O'Neill |
1. Appointment of Assistant Director.
BACKGROUND:
2. In order to reduce admissions and facilitate early discharge for patients from hospital, a national initiative was established on a pilot basis at four sites including Cork in 2006, called the Community Intervention Team (CIT).
- Both the HSE South and the INO consider it to be a worthwhile scheme and wish it to succeed. The Union contends that a full-time dedicated Assistant Director of Public Health Nursing ought to lead out this project from the very beginning. The HSE South is of the opinion that due to ongoing financial restraints it would be prudent to wait for the proposed review at national level before making any commitment to advertise the post.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of a Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 26th April, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd January, 2008.
UNION'S ARGUMENTS:
3. 1. The service is in need of defined nurse leadership with specific responsibility for the CIT alone in order to lead the team on operational management issues.
2. At present management of the service is by a Public Health Nurse and this was never envisaged to manage 20 staff members of differing grades. An Assistant Director of Nursing is urgently required in order for the CIT to thrive.
COMPANY'S ARGUMENTS:
4. 1. HSE South are satisfied that the current management structure is appropriate to meet the intent and service delivery of the CIT.
2. Currently no funding nor approval exists for an Assistant Director of Public Health Nursing specific to the CIT. The HSE South is committed to continuing to keeping this issue under review following evaluation of this initiative nationally.
RECOMMENDATION:
Having regard to all the circumstances of this case the Court does not believe that a sufficient basis exists upon which it could recommend the appointment of a dedicated Assistant Director to lead the Community Intervention Team at this time.
However, the Court believes that the appropriate staffing levels, including management arrangements, for these initiatives should be considered in the course of a national review of the service. The Union's claim should be considered in the light of the outcome of that review.
Signed on behalf of the Labour Court
Kevin Duffy
5th February, 2008.______________________
JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.