FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTHERN AREA - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Theatre On-Call Rates Off Shore Cape Clear Island
BACKGROUND:
2. The Claim before the Court by the Union is for the payment of Theatre on call rates to Public Health Nurses (PHNs) based in Cape Clear Island. In July 2005 the INO wrote to the Health Service Executive South(HSE South) to review the PHN's on Cape Clear's terms and conditions in respect of the amount of hours being worked by the PHN's. The Union sought the application of theatre on call rates as had been applied to PHNs working in the Aran Islands following Labour Court Recommendation No. 18100. The HSE South maintain that the enhanced terms and conditions of employment negotiated with the Union fully reflect the work commitment of PHNs on Cape Clear Island. Further to this the HSE re-entered into discussions with the Union with a proposed offer that it believes is reflective of the terms and conditions of PHNs in the HSE West.
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 could not be reached, the dispute was referred to the Labour Court on the 19th February, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th May, 2007.
UNION'S ARGUMENTS:
3. 1 The HSE South has placed the two Claimants at a significant disadvantage over the past 25 years. By agreeing periodic review of the terms over the years they then sought to limit the progression of the nurses in line with other off shore island nurses. This was inherently unfair.
2 There is an anomalous situation where PHNs in the unitary employer, the HSE, are paid differently for doing identical work as the nurses on Cape Clear. The HSE has contended that the PHNs have unique terms and conditions which are of higher status to anyone else in the health service. This is not true. The PHNs on the Aran Island receive a similar package in terms of allowances.
3 The fact that the HSE South still recognise the Claimants as seven day workers is in breach of Department of Health Circular S100/38. The PHNs on the Aran Islands are recognised as five day workers with all time after that covered by the theatre on call arrangement.
COMPANY'S ARGUMENTS:
4. 1 Management are not in a position to introduce the theatre on call rates in addition to an already enhanced terms and conditions of employment. The HSE South re-entered discussions with the Union on the understanding that fresh terms and conditions of employment would be examined against the background of the HSE West and Union agreement
2 Following these discussions a proposal fully reflective of the terms and conditions of employment of the Island PHNs in the HSE West was offered. This included the payment of theatre on call rates as per consolidated salary scales, payment of planned essential services as per consolidated salary scales where applicable, 60 days annual leave per annum which includes a liability to provide a Saturday and Sunday weekend service and a number of other measures.
3 The proposal would be at a significant cost to the HSE South. However, implementation of the proposal would ensure standardised terms and conditions of employment for Island PHNs in the HSE.
RECOMMENDATION:
Having regard to all the circumstances of this case the Court is satisfied that the offer made by Management substantially meets the Union's claim for parity with PHN's working on the Aran Islands.
In these circumstances the Court recommends that the offer made by Management be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
26th May, 08______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.