FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE MID WESTERN AREA - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Rehearing arising from LCR 19104
BACKGROUND:
2. The above Recommendation was issued to the parties on 17th December 2007. The Court recommended that discussions should take place regarding the appointment of a Community Dietician Manager to cover Limerick, Clare and North Tipperary. On 14th July, 2008 the HSE wrote to the Union stating that their position was to have a cross pillar management model put in place which would encapsulate both the Acute Dietetic Services and Community Services under one post. The Union rejected this proposal stating that they believed that the findings of the Expert Group Report (2000) was still the most viable way forward in a time of rapidly changing structures.
The dispute could not be resolved at local level and was referred back to the Labour Court on the 9th October, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. The request for a further Recommendation was granted on 17th December, 2008 and a second Labour Court hearing took place on the 4th February, 2009 in Limerick.
UNION'S ARGUMENTS:
3. 1. The Union rejects the proposal to increase the responsibilities of the existing Acute Services Dietetic Manager two fold by extending his remit to managing both the services.
2. There was never any negotiation with the Union to change the contents and thrust of the Expert Group Report (2000) which was agreed by both sides, the Report never suggested that one post should manage both the Acute and Community Services.
3. The compromise outlined in the Recommendation LCR19104 would meet all the required criteria to establish a new stand alone post.
COMPANY'S ARGUMENTS:
4. 1. The Expert Group Report on various Health Professionals (2000) did not recommend the establishment of a post at regional level for each of the professions.
2. The HSE Transformation Programme in 2006 identified the integration of hospital and community services as the best organisational model for the effective delivery of services.
3. The integration of hospital and community services enables staff to maximise their skills and the care they can provide and promotes greater accountability, transparency and most important of all, value for money.
RECOMMENDATION:
As there was no agreement between the parties on the implementation of Recommendation: No 19104, in line with that Recommendation both sides referred the issue back to the Court.
A proposal emerged following the Labour Court Recommendation which recommended discussions that a post of Manager of both the Acute Dietetic Services and the Community Services in the Mid West Region be established. This proposal was rejected by the Union, firstly on the basis that it was not in line with that recommended by the Expert Group Report on Various Health Professions 2000, but secondly as it would entail significant increased responsibilities.
HSE management submitted that the proposal was in line with the new integrated care model, which is currently emerging within the health sector and is in line with structural changes being introduced within the HSE in terms of integrating Hospital and Community Services. Furthermore, it submitted that there is already in place a Dietetic Manager Structure in the Mid Western Hospital, Limerick and it held that clinical reporting should be directly into that structure. HSE management also stated that it intended to discuss the issue of the proposed levels of responsibility, with the main stakeholders.
While the Court notes that the model recommended by the Expert Group Report on Various Health Professions 2000, may not be in line with the current changing environment within the health care structure, this recommendation was never put in place in respect of the appointment of a Community Dietician Manager in the former Mid Western Health Board Area.
The Court in Recommendation: No 19104 noted that the Union was willing to accept the appointment of one Dietician Manager post, based in Limerick, to cover all three areas and on that basis the Court proceeded to hold that there was
“merit in the position which emerged at the hearing and recommends that the appropriate parties should further engage with the view to appointing a Dietician Manager to cover the Limerick, Clare and North Tipperary HSE Areas”.
Having taken all points raised into consideration, the Court now recommends that, while it may be subjected to whatever agreed structural changes emerge in the future, this appointment should now be made without delay.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th February, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.