FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST LUKES HOSPITAL KILKENNY (REPRESENTED BY HSE SOUTH) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Staffing of Accident & Emergency Department
BACKGROUND:
2. The Union's claim is for an additional five Staff Nurses in the Accident and Emergency (A&E) Department in St. Luke's Hospital in Kilkenny. The Hospital serves approximately 120,000 people in the Kilkenny/Carlow region. The Union cites the significantly increased population in the area in recent years for its claim. While the HSE does not dispute the challenges faced by the staff, its case is that the claim is a cost-increasing one which it cannot afford. The Union is seeking an independent review of the situation.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 17th September, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th June, 2009, in Kilkenny, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Union first made its claim in April, 2005. However, there has been no permanent increase in staffing levels in the A&E Department in Kilkenny in recent years despite a significant and steady increase in activity levels and workload.
2. Some 4.5 additional whole-time-equivalent (WTE) Nursing posts have been allocated to the Department over the past four years. However, these additional nursing hours have been "unfunded" and if, in the current climate of HSE cutbacks they were withdrawn, it would cause huge problems for patients and staff alike.
3.Members are entitled to work in an environment with appropriate staffing levels which allow them to practice safely and provide the best of care for their patients.
HSE'S ARGUMENTS:
4. 1. The claim is cost increasing and one that the HSE cannot afford.
2. Since Circulars 1/2008 and 1/2009 issued the HSE has operated under strict employment control protocols as dictated by Central Government and only certain specified Government developments were allowed to be considered. Increasing the staffing levels in the Maternity Department in Kilkenny was not one of these developments.
3. The HSE cannot afford the independent review that the Union is seeking, let alone the implementation of any increases recommended.
RECOMMENDATION:
The Court, having considered the submissions of the parties, recommends an urgent independent staffing review of the A&E Department should take place, making use of the HSE's own Emergency Department Workload Assessment Tool and encompassing such matters as the best skills mix and grading structures appropriate to the Department.
The Court notes that the current staffing of the Department is 16.2 WTE.
Signed on behalf of the Labour Court
Raymond McGee
22nd June, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.