FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE - AND - IRISH NURSES ORGAINISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Implementation Of Staffing Review
BACKGROUND:
2. In 2006 an independent staffing review of the Accident and Emergency Department of the Hospital was carried out. A report entitled "The Report of the Nursing Workforce Requirement for the Accident and Emergency Department in Wexford Regional Hospital" resulted from this. The Report recommended 6.7 Whole Time Equivalent (WTE) Nursing posts, 7.4 Healthcare Assistant WTE's and 1.2 Clerical Officer WTE's and also contains non-staffing recommendations. Following the publication of the Report Management wrote to the Union outlining its position. Management proposed to phase in the recommendations of the Report. In a meeting between the parties a timetable for the phased implementation of the Report was agreed between the parties. It is Management's argument that they could not complete the phased implementation of the Report due to a lack of funding. The Union contend that its members are working in an unsatisfactory environment because of the non-implementation of the Report.
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 was not reached, the dispute was referred to the Labour Court on the 5th June, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th September, 2008.
UNION'S ARGUMENTS:
3. 1 The Union entered into an agreement with Management in good faith. Management has failed to honour the terms of that agreement. Staff are continuing to work in an unsatisfactory environment which is grossly understaffed to provide optimum care for patients. The Union is now fearful that the non-staffing elements of the Report will fail to be funded by Management
2 At Conciliation Management stated that the hospital had to operate with the staffing level as it was in December 2007. Such an instruction was never discussed or agreed with the Health Service Unions. This instruction is in breech of both the current National Wage Agreement and the EU Directive on Information and Consultation.
COMPANY'S ARGUMENTS:
4. 1 The first phase as agreed with the Union was implemented. Nursing staff levels increased and a new Admissions/Discharge lounge was built, which also improved working conditions.
2 The position of Management at present is that, despite its best efforts to date, funding is still not available to complete the process.
RECOMMENDATION:
The matter before the Court concerns the non-implementation of staffing requirements as recommended by an independent review carried out into the Nursing Workforce Requirement for the Accident and Emergency Department in Wexford General Hospital by Ms. Enda Cobain. Management were restricted from implementing the report in full due to lack of funding.
Having considered the positions of both parties as expressed in their oral and written submissions, the Court accepts that the A&E Department is not deriving the full benefits as envisaged by the Cobain report as a result of the partial implementation of the recommended staffing numbers. Therefore, given the critical nature of the A&E Department, the Court would urge the HSE to provide an appropriate level of funding to implement the full recommended staffing levels.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th September, 2008______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.