FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - PSYCHIATRIC NURSES ASSOCIATION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Alleged Breach Of Procedures Under The Social Partnership Agreement Towards 2016
BACKGROUND:
2. The claim before the Court concerns a decision by the HSE to transfer a number of its long term patients to hostel accommodation run by Rehab Care. The Union claims that, in failing to consult with its members prior to announcing these changes, the HSE is in breach of 'Towards 2016'.
The Union referred this case to the Labour Court on the 13th of February, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Union agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 22nd of October, 2008.
UNION'S ARGUMENTS:
3. 1. There was no prior consultation or negotiation with the Union in advance of these significant changes.
2. The Union's members have built up professional relationships over decades with several of these long term patients, yet they were frozen out of this decision-making process.
3.In refusing to notify the Union of the proposed changes and in refusing to engage in discussions locally or at Conciliation, the HSE was in total breach of the provisions of 'Towards 2016'.
EMPLOYER'S ARGUMENTS:
4. 1. This decision arose from a request by long term patients that they be discharged and relocated to new hostel accommodation nearer their geographical, cultural and family origins.
2.The decision to transfer a number of long term patients to more suitable hostel accomodation was taken on medical grounds only.
3.The provision of this new service, in consultation with Rehab Care, will further enhance the quality of life of these long term patients.
RECOMMENDATION:
While the Court has no inclination or wish to involve itself in clinical matters, the terms of 'Towards 2016' are absolutely clear in this area and have already been enunciated clearly by this Court. There is a clear obligation on employers to consult with trade unions in advance of and during exercises of this nature. The Court recommends that, in accordance with 'Towards 2016', the Union be consulted in order to establish the industrial relations implications, if any, which exist for its members.
Signed on behalf of the Labour Court
Raymond McGee
3 November, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.