FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH-EAST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION, IRISH NURSES' UNION & IMPACT DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Staffing Levels at Monaghan General Hospital.
BACKGROUND:
2. This dispute concerns staffing levels in Monaghan General Hospital, following the HSE's decision to transfer acute medical services to Cavan General Hospital. 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, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th October, 2009.
EMPLOYER'S ARGUMENTS:
3. 1. The proposed staffing levels were established following a comprehensive assessment of the standards required to maintain adequate safety standards for patients and staff.
2. This is a new service and it should correspond with national norms.
3.An independent review of staffing levels is not necessary and will delay the freeing up of resources which are required elsewhere in the region.
UNIONS' ARGUMENTS:
4. 1. Reducing current staffing levels further would interfere with the safe and efficient running of the Hospital.
2. For a review of the current staffing levels to have any credibility it must be carried out by independent persons.
3.Current staffing levels must remain in place until the outcome of such a review.
RECOMMENDATION:
As the Court has frequently pointed out, it has neither the expertise nor the competence to make reasoned recommendations on the appropriate staffing levels in a hospital having regard to such matters as the required standard of patient care and the maintenance of adequate safety standards for patients and staff.
The HSE told the Court that the staffing levels which it proposes to introduce were established following an assessment of all relevant considerations by its professional staff. It urged the Court to accept the results of that assessment. For their part the Unions contend that the staffing levels proposed are inadequate. They base this conclusion on the results of their own assessment conducted by their members, including health care professionals working in the Hospital.
In the Court's opinion the validity of the exercise conducted by the HSE, upon which its proposals on staffing levels is based, should be the subject of a review by an independent person or body with expertise in this field. This review should examine the methodology used by the HSE in the exercise which it conducted and offer an opinion on the validity of the results. The results of this review should be presented to the parties and it should then form the basis upon which the current impasse is resolved.
The parties should seek to agree on an appropriate person or body to conduct this review within three weeks of the date of this Recommendation. In default of agreement each side should submit their nominees to the Court from which the Court will make a selection. A further three weeks should then be allowed for the completion of the exercise.
In the interim the HSE should continue to apply the arrangement agreed at Conciliation during but not beyond the six weeks recommended for the completion of thie exercise.
If, at the end of this six-week period, final agreement has not been reached the parties should each report to the Court, which will then issue a definitive recommendation on any outstanding issues without the necessity for a further hearing.
Signed on behalf of the Labour Court
Kevin Duffy
18th November, 2009______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.