FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST. LUKES HOSPITAL, KILKENNY (REPRESENTED BY THE HSE SOUTH) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Staffing of Maternity Department
BACKGROUND:
2. The Union's claim is for additional staff in the Maternity Department in St. Luke's Hospital in Kilkenny to cope with an increase in work. The Union is seeking an additional Midwife on day duty -1 whole-time equivalent (WTE), and an additional Midwife on each shift on night duty (2 WTE) and an additional Health Care Assistant on each shift of night duty (2 WTE), pending the completion of an independent staffing review of the Maternity Department. The Union gave details of a number of reasons for the increase in work including a 49% increase in births in the Hospital since 2001. The claim was first raised in September, 2007. The HSE does not dispute the figures supplied by the Union but states that it cannot afford the cost of the claim.
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. There has been no increase in staffing levels in the Maternity Department in St. Luke's Hospital in recent years despite a significant and steady increase in activity levels and workload. Staffing levels in St. Luke's are significantly lower than those in the Maternity Department in Wexford General Hospital.
2. 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:
Having heard the submissions of the parties, the Court recommends that an urgent independent staffing review of the maternity unit should take place, following which the parties should engage as early as possible on implementation of the outcome.
In the above context, the Court notes the parties agreement that useful information may be gleaned from the similar review in Wexford General Hospital, and would urge that any such information as may be used to accelerate the review in this case should be used by the parties to reach an agreed resolution in regard the required staffing levels.
Signed on behalf of the Labour Court
Raymond McGee
24th June, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.