FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST/ SLIGO GENERAL HOSPITAL - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Responsibility allowance for Maternity Department, Sligo General Hospital.
BACKGROUND:
2. This dispute concerns a claim by the Union for a responsibility allowance to be paid to the the Staff Midwife in charge on night duty to compensate for the additional responsibility which results in there being no Clinical Nurse Manager on night duty.
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 18th July, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th September, 2009, the earliest date suitable to the parties.
UNIONS' ARGUMENTS:
3. 1. The absence of a Clinical Nurse Manager on night duty places additional responsibility on the most senior Midwife on night duty.
2. Midwives are independent diagnostic practitioners with enhanced responsibilities over the nursing grade and this should be recognised by concession of this claim.
3.Waterford General Hospital has paid such a responsibility allowance since 2005.
EMPLOYER'S ARGUMENTS:
4. 1. The significant daytime responsibilities of the Clinical Nurse Manager are not applicable at night.
2. There is currently a reporting structure in place in Sligo General Hospital whereby the Night Sister on duty is responsible for the whole hospital.
3.There is no national agreement in place concerning such a responsibilty allowance and concession of this claim would result in similar claims across the entire health service.
RECOMMENDATION:
The matter before the Court concerns a claim by the INO on behalf of Staff Midwives for a shift leader/responsibility allowance in the Maternity Department when working night duty rosters when there is no Clinical Midwife Manager on duty.
The Union submitted that the management structure in the Department is not equivalent to the normal practice in other HSE Hospitals. The Union sought a payment of €19.04 per shift to the person appointed to take charge each night shift, in accordance with Department of Health and Children’s Circular 33/2003.
Management stated that the role of Senior Staff Nurse was created to allow for a senior person to take charge where there is no manager on duty. The activity levels at night are far less than during the daytime. It held that the Union’s claim is cost-increasing under the terms of “Towards 2016” and submitted that there was no funding for any increased costs.
Having considered the submissions of both parties the Court is not satisfied that Circular 33/2003 has any application to the Union’s claim. Furthermore, the Court can see no circumstances within the system for concession of the claim.
Therefore, the Court rejects the Union’s claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th November, 2009______________________
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.