FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AMNCH TALLAGHT HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Location allowance for Webb & Maguire Wards
BACKGROUND:
2. The Union's claim is for the payment of a Location Allowance to staff in the Maguire Ward and Webb Ward in the Adelaide and Meath National Children's Hospital (AMNCH), Tallaght, retrospective to 24th October, 2005. In 1998 AMNCH developed its Haematology service which included day services and in-patient services, and in 2004 it appointed its first Oncologist thereby, the Union claims, establishing a full Oncology/Haematology service. The Webb Ward now has 19 public beds out of 31 allocated to Oncology/Haematology and the Maguire Ward has 9 private beds out of 39 allocated to Oncology/Haematology. The Union applied for the Location Allowance on the 19th September, 2006. The Union also sought that staff who had completed, or were completing, the Higher Diploma in Oncology/Haematology nursing would receive the Specialist Qualification Allowance. Management conceded the Specialist Qualification Allowance but not the location allowance stating that neither of the Wards is strictly Oncology/Haematology and, thus, could not qualify for the allowance.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. At the conference the Union claims that management made a final offer of 85% of the allowance to the Webb Ward and 55% of the allowance to the Maguire Ward but the Union rejected the offer. As the parties did not reach agreement the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th June, 2008. At the hearing management clarified that the offer at conciliation had been withdrawn.
UNION'S ARGUMENTS:
3. 1. HSE EA Circular 112/92 sets out the agreement for the payment of the Location Allowance to nurses working in recognised areas and on qualifying duties. Nurses working in the Webb and Maguire Wards work within designated protected Oncology/Haematology area in AMNCH and fulfil all the qualifying duties to receive the allowance in full.
2. Management has already agreed to pay the Specialist Qualification Allowance to nurses who have completed the Oncology/Haematology course thus recognising the areas as qualifying for that allowance.
HOSPITAL'S ARGUMENTS:
4. 1. The Union's claim is cost-increasing and thus in breach of Towards 2016. It is made against a background of budgetary constraints, cost curtailments and a deficit of €16 million.
2. The Wards are not strictly Oncology/Haematology with all the complexities that this implies.
3. Concession of the claim would be in breach of nationally agreed conditions for the allowance and would have wide-ranging implications.
RECOMMENDATION:
The case before the Court concerns the Union’s claim on behalf of nurses employed in the Webb and Maguire Wards of the Hospital for a Location Allowance on the basis that the two wards are in effect dedicated to Haematology/Oncology Services. Retrospection of the Allowance was sought back to 24th October, 2005, when beds were ring-fenced for these Services in the wards.
The Hospital rejected the claim on the basis that these wards do not meet the criteria set down for the payment of the Allowance. To meet the criteria all beds in the wards must be dedicated to the specific service covered by the Location Allowance. Management also stated that it did not have the necessary financial resources to meet the claim. Furthermore, it indicated that AMNCH would not be one of the centres of excellence for Oncology patients as specified in the report “Strategy for Cancer Control in Ireland”. Therefore, on full implementation of the report, the Allowance will have no further application to AMNCH.
Having given careful consideration to the position of both parties the Court notes the following:
-In deciding to allocate 28 beds to Haematology/Oncology patients, instead of having one dedicated Unit, Management allocated the beds to two separate wardsviz.19 beds to Webb Ward and 9 to Maguire Ward. This division was due to administrative reasons rather than to any clinical necessities and thus led to divided speciality wards, something which management understands is unique to AMNCH.
-Management accepted that there was merit in the payment of at least a portion of the allowance but was constrained from conceding such an arrangement due to national implications.
-As is evident from the data supplied for the years 2005 – 2007, Haematology/Oncology in-patient activity levels continually exceeds the designated bed complement in these wards and is continuing to grow.
-The Hospital is in its second year delivering a Higher Diploma in Oncology Specialist Nursing in conjunction with St. Luke’s Hospital, Dublin and Trinity College Dublin, with both wards having been deemed suitable for the delivery of the clinical component of the course for Registered nurses both internal and external to the Hospital. It has also developed the Higher Diploma in Haematology Specialist Nursing in conjunction with St. James Hospital and Trinity College Dublin on a 50/50 clinical site partnership.
-Management agreed to pay full Specialist Qualification Allowance to nurses who have completed the Haematology/Oncology course and a number of them are in receipt of this Allowance (which overrules their entitlement to a Location Allowance) or are in the process of obtaining this qualification.
The Court finds the circumstances of this claim to be particular to the unique arrangement applying in AMNCH. Therefore, for all the reasons outlined above, the Court recommends that the Location Allowance should apply to the nurses employed in Webb and Maguire Wards. However, the Court does not recommend in favour of the Union’s claim for retrospection and therefore, recommends that the full Allowance should be paid with effect from 1st July, 2008.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th June, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.