FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE - AND - IRISH NURSES' AND MIDWIVES' ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Forensic Nurses' on-call/call out rates.
BACKGROUND:
2. The Forensic Nurse/Midwife Examiner is a Clinical Nurse Specialist who has completed a one-year Higher Diploma Specialist Course. The post was introduced in 2008/2009 following recommendations set out in the"Report of the Commission on Nursing" and also the"National Steering Committee on Violence Against Women".Their duties are broadly similar to Forensic Examiners who are Medical Doctors who attend to the victims of sexual assault. A dispute has arisen about the level of on-call /call-out payments made for out-of-hours attendance paid to the Forensic Nurse/Midwife Examiner. The Union claims that the Forensic Nurses/Midwife Examiners are doing the same work as the Forensic Examiners and therefore should be paid at the same rates for on-call and call-out. The HSE consider the claim to be completely unjustified.
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 8th July, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 3rd November, 2010, which was adjourned until 1st February, 2011 to allow further submissions to be presented by the parties to the Court for consideration.
UNION'S ARGUMENTS:
3. 1. The Union is not seeking to change the rate of pay but is seeking only to set on-call/call-out rates for a new role. Therefore it is not a cost-increasing claim as suggested by the HSE.
2. Discussions were never held in respect of this new role, however the HSE decided to apply rates which relate to Nurses/Midwives who provide on-call/call-out services in a completely different situation i.e. Theatre Departments.
COMPANY'S ARGUMENTS:
4. 1. The development of Forensic Nursing/Midwife Examiner is an example of the further extension of an existing grade and will continue to develop over time.
2. Concession of this claim would potentially increase the remuneration rates applicable to nursing grades.Any increase in the established rate paid to nursing personnel will not add any value to the service but will increase the cost.
RECOMMENDATION:
The first issue before the Court concerns the admissibility of the Union's claim having regard to the provisions of Clause 1.27 of the Public Service Agreement 2010-2014. That Clause precludes the making or processing of claims for the improvement of pay and conditions during the currency of the Agreement.
It seems to the Court that the Clause is directed at preventing claims for the improvement in established rates and conditions and is intended to preserve thestatus quo antein respect to pay and conditions at the time the Agreement was concluded.
In this case the dispute concerns the appropriate on-call/call-out rates for what is, in effect, a new service being provided by Nurses. In that sense the dispute concerns the establishment of an appropriate rate for the provision of this service after-hours rather than a claim for the improvement of existing rates. In these circumstances the Court does not believe that the claim is precluded by the Agreement.
On the merits of the claim, the Court recommends that the parties should seek to have an independent evaluation undertaken of the skills and responsibilities attaching to the provision of the service in issue having regard to on-call/call-out rates currently applicable within the HSE generally. This evaluation should be undertaken as soon as is practicable after acceptance of this Recommendation and its results should be considered by the parties.
If agreement is not reached following this exercise the matter may be referred back to the Court for a definitive Recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
8th March, 2011______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.