FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SACRED HEART HOSPITAL, ROSCOMMON (REPRESENTED BY HSE WEST) - AND - IRISH NURSES' & MIDWIVES' ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Cessation of "Green Nights".
BACKGROUND:
2. The Sacred Heart Hospital is an elderly care Band 4 Hospital currently with just over 100 patients based in Roscommon. The issue in dispute, which was referred by the Union, concerns the withdrawal of "Green Nights" by Management. While on night duty Nurses claim that they remain available to assist, if required, during breaks and "Green Nights" describes the time back in lieu received in recognition of this on their return to day duty. A night duty shift occurs every eight weeks and staff receive a day off following this. Discussions on the withdrawal of "Green Nights" have been ongoing since 2003 and it has, along with other issues, been the subject of a number of Conciliation Conferences since that time. "Green Nights" ceased in April 2009. The number of nursing staff affected is 48.
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 14th July, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 10th February, 2011.
UNION'S ARGUMENTS:
3. 1. The Union does not agree with the cessation of "Green Nights" and is seeking their restoration with retrospective compensation.
2. The current practice is in breach of the HIQA standards and health, safety and fire regulations. Staff must adhere to their professional code of conduct and work within An Bord Altranais's scope of practice and guidelines.
COMPANY'S ARGUMENTS:
4. 1. It has consistently been the position of Management that there has been, and is, sufficient staff on night duty to allow staff to avail of breaks.
2. The practice of "Green Nights" was severely impacting on the availability of staff for the day roster when the need was greatest. Given that both time and money have been availed of already Management are completely opposed to any form of compensation for stopping the practice.
RECOMMENDATION:
The matter before the Court brought by the Union is a claim on behalf of 48 Nurses concerning the cessation of “Green Nights” by Management. The Union expressed concern over the level of staffing at night and sought restoration of the paid breaks to those Nurses working on night duty, during which they provided cover, so as to ensure that they are protected within the scope of their professional practice and that they adhere to HIQA standards and health, safety and fire regulations together with the restoration of compensatory time off during day working.
The HSE, on behalf of management, stated that as there are sufficient staff on duty at night to allow staff to avail of breaks, it decided to cease the arrangement as the practice of “Green Nights” was seriously impacting on the availability of staff during the day when the need was greatest.
“Green Nights” is an arrangement which existed in the Hospital from 2000 until 1st April 2009 when it was withdrawn by Management. It is the term given to the taking of time off during day working in lieu of taking breaks during night shift duty. Under this arrangement staff were paid for the hour’s break during which they provided cover and received the time off in lieu in addition.
Having considered the positions of both parties as expressed in their oral and written submissions, the Court has taken serious account of the HSE’s assurance that the staffing levels are sufficient to allow staff avail of a one-hour break at night, which may be taken away from their workplace, to allow the practice of “Green Nights” to cease. Furthermore, the Court notes the HSE’s assurances that the current practice since April 2009 is not in breach of HIQA standards nor Fire Regulations. On that basis the Court recommends that the arrangements in place since April 2009 should continue and those staff who previously worked under the “Green Nights” arrangements should be compensated for the losses involved.
The Court recommends that a lump sum to the value of one-and-a-half times' the annual loss should be paid to the Claimants involved within a period of six weeks from the date of this Recommendation.
The level of losses should be calculated in respect of each individual Claimant in the twelve-month period prior to April 2009 when the practice of “Green Nights” ceased.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
28th February, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.