FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST (ARÁS MHATHAIR P�L) - AND - IRISH NURSES AND MIDWIVES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Staffing Levels
BACKGROUND:
2. This case concerns a dispute between the HSE West and the INMO in relation to the Union's claim to increase staffing levels at Áras Mhathair P�l nursing home in Castlerea, Co Roscommon. The Union is seeking an increase in staffing levels to ensure that there are two nurses on duty at all times which it claims is essential to provide adequate patient care.
Management's position is that funding is not available to accede to the Unions request but it claims that the Union's concerns have been dealt with in relation to providing care to patients within the current staffing structures.
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 7th January 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 7th July, 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The current staffing levels of one Nurse and one Attendant on duty at any one time is wholly inadequate. Similar organisations have an additional Nurse on duty at all times which provides the level of care required. It is not acceptable that patients inArás Mhathair P�l receive a lower standard of care than patients elsewhere.
COMPANY'S ARGUMENTS:
4 1 The funding is not available to employ the additional staff as requested by the Union. Issues relating to service provision within the current staffing levels have been addressed and services have been reduced accordingly to facilitate optimum care. There is nothing further that can be done without the required funding.
RECOMMENDATION:
The matter before the Court concerns the Union's dispute with HSE West concerning staffing levels at Áras Mhathair P�l, a nursing home for the care of the elderly in Castlerea.
The Union stated that the current staffing levels were inadequate to enable nursing staff provide a safe professional standard of nursing care to the residents and sought to have two nurses on duty at all times. To fulfil this requirement an additional 6.22 nurses would be required.
The HSE West stated that there have been discussions over a number of years between local management and the Union on this issue and management have attempted to respond to the concerns raised. A number of beds have had to be reduced and the day care and respite services closed due to the level of staffing in the Unit. As a result of a HIQA assessment a number of remedial steps were taken to address concerns. HSE West stated that there was no funding available to add additional staffing resources.
The Court has considered the positions of both sides. The Court is of the view that it is not in a position to definitively assess the staffing needs of an organisation, however, it finds the Union's arguments in favour of additional staffing in the Unit very compelling and is of the view that no cogent arguments have been submitted to dispute those assertions. Accordingly, the Court recommends that the additional staffing levels as claimed by the Union should be implemented with immediate effect.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st July 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.