FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. HSE West intention to withdraw Nurse On-Call/Call-Out on the particular Aran Islands where there is a Medical Practitioner.
BACKGROUND:
2. This case concerns a dispute between the Health Service Executive (HSE) West and the Irish Nurses Organisation (INO) in relation Management's intention to withdraw the on call/standby allowance paid to Public Health Nurses (PHNs) assigned to the Aran Islands where there is also a Medical Practitioner.
The Union's position is that it is essential for PHNs to remain on-call in the event that the Doctor/Medical Practitioner needs assistance or is called to another of the islands.
Management's position is that the payment of the allowance is unwarranted asthe PHNs are no longer required to be available for on-call/call-out on the basis that there is a Medical Practitioner on the islands in the event that a medical emergency arises.
The dispute was not 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 matter was referred to the Labour Court on 21st April, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 15th October, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 It is essential that the PHNs retain their on-call/standby allowance. There may be a Medical Practitioner on the islands but PHNs are required to assist in many situations and in circumstances where the Medical Practitioner/GP is unavailable, the PHN is often the only person to attend medical emergencies.
2 The population of the islands increases significantly during the summer and at other holidays. It is unacceptable that this much needed service be reduced to a level that would clearly not meet the needs of the service-users.
MANAGEMENT'S ARGUMENTS:
4 1 The HSE cannot sustain the costs of the payment of the allowance in circumstances where there is no longer a requirement for the PHNs to be on-call.
2 There are very few incidents where there is a need for both the Doctor and the PHN to attend medical call-outs. In circumstances where the PHN attends an emergency the appropriate payment will be made.
RECOMMENDATION:
It appears to the Court that further discussions could usefully take place between the parties on the disputed decision. The Court recommends that the parties re-engage on the matter over the next three months during which the implications for Public Health Nurses engaged in providing care on the Islands would be fully explored.
If, at the end of that process, the service for which the allowance in issue is to be discontinued the parties should seek to agree a compensation package for the loss of the allowance.
The Court further recommends that the allowance continue to be paid during the three-month period referred to above.
Signed on behalf of the Labour Court
Kevin Duffy
3rd November 2009______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.