FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - IRISH NURSES & MIDWIVES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Application of Specialist and Location Allowances.
BACKGROUND:
2. The Director of Nursing at the Mid-Western Regional Hospital Ennis advised staff assigned to the Elderly Care Unit on the 14th March 2008 that due to the deteriorating financial position it was necessary to close the Unit. The location and specialist allowances which had been paid to the staff at the Unit began to be phased out over the following months. Both the Unions have requested that the allowances be reinstated and backdated to June 2007, however, Management has refused.
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 27th January, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st. April, 2010.
UNION'S ARGUMENTS:
3. 1. An excess of 90% of patients at Ennis General Hospital are over 65 years of age and in circumstances such as this a precedent exists within the HSE for the continuation of both allowances.
2. Staff continue to utilise their specialist skills, knowledge and expertise in nursing the same group of patients who still attend for care and treatment at the Hospital under the same Consultant Geriatrician.
COMPANY'S ARGUMENTS:
4. 1. It is not possible for Management to agree to continue to pay the allowances in areas where staff are no longer working in a recognised specialised area as per National Circulars 112/99 and 33/2004.
2. The HSE believes that Management correctly interpreted and implemented the National Circulars.
RECOMMENDATION:
The Court notes that the Hospital has closed the Elderly Care Unit at the Ennis General Hospital. As a result a number of members of staff have lost their location or specialist allowances and are at a considerable loss as a result.
In all the circumstances of the case the Court recommends that the HSE pay to those affected twice the annual loss of their respective allowances in full and final settlement of this dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
13th May, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.