FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SISTERS OF LA SAGESSES SERVICES (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGAINISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Hearing arising from Labour Court Recommendation LCR18715.
BACKGROUND:
2. This dispute concerns the non-implementation of Labour Court Recommendation LCR18715, which dealt with staffing levels at the Employer's residential facility in Cregg House for people with intellectual disabilities. The Employer is fully funded by the HSE West but has been unable to obtain from the HSE the additional funding required to introduce the staffing levels recommended in LCR18715. A Labour Court hearing took place on the 30th July, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The non-implementation of LCR18715 places the understaffed Workers in an invidious position.
2. There is a clear and urgent requirement for additional clinical service provision posts.
3.The current level of service is unsustainable in the absence of additional posts.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer is funded by the HSE.
2. The HSE has not provided the additional funding to enable the Employer implement LCR18715.
3.The Employer accepts that there is a need for additional posts but cannot act without additional funding from the HSE.
RECOMMENDATION:
It is clear that no substantive dispute exists between the parties concerning the appropriate staffing level at Cregg House. What is at issue is the refusal of the funding agency to allocate funds so as to enable the additional posts, which both the employer and the union agree are necessary, to be filled. In so far as the dispute is between the employer and its funding provider it is not a trade dispute upon which the Court can make a formal recommendation
In these circumstances the Court can only suggest that the parties continue to impress upon the funding provider the acknowledged necessity of ensuring adequate staffing of the service so as to maintain an acceptable level of patient care.
Signed on behalf of the Labour Court
Kevin Duffy
1st March, 2010______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.