FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH NURSES & MIDWIVES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Filling of Clinical Nurse Manager 2 (CNM2) post
BACKGROUND:
2. The case refers to the filling of a CNM2 post in Midleton Community Hospital, Co. Cork. The Union first raised the issue with the HSE in January, 2008, and, while the HSE acknowledges the situation, it claims that due to the moratorium on recruitment/promotion plus budgetary restrictions it cannot fill the post at present.
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 23rd September, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd March, 2011, in Cork.
UNION'S ARGUMENTS:
3. 1. Management has filled vacant CNM2 posts in other locations in Cork, Waterford and Carlow but not in Midleton Community Hospital. Most of these other locations are smaller than Midleton.
2. In 2010 the Director of Nursing in the HSE issued a document in relation to the risks associated with a reduction in CNM2 and the challenges posed by the lack of such a post (details supplied to the Court).
HSE'S ARGUMENTS:
4. 1. Management is satisfied that the existing Nurse Management structure in Midleton is appropriate and provides an effective governance structure in the delivery of a safe and quality service.
2. Due to the Government moratorium and budgetary restriction, services are reviewed on an ongoing basis to ensure the maximum usage of existing resources. The current position was endorsed by a recent Health Information and Quality Authority (HIQA) report.
RECOMMENDATION:
The matter before the Court concerns the filling of a CNM2 post in Midleton Community Hospital. The post has been vacant since May 2007, and while the HSE attempted to fill the post in 2008 and in 2009 the recruitment pause of November 2007 and the moratorium on recruitment and promotions in the public sector in March 2009 prevented HSE from filling the post.
It is acknowledged by both sides that a vacancy exists for a CNM2 within the Hospital, however the Court notes that management are managing resources to ensure in the first instance that the Hospital provides an effective governance structure in the delivery of a safe and quality service. At the moment management are operating within strictly imposed employment ceiling levels, within the confines of the moratorium on recruitment and promotions and within strict budgetary constraints.
Having considered the submissions of both sides the Court is unable to recommend the filling of the vacant CNM2 post at this time, as it is precluded by the terms of the Public Service Agreement 2010 – 2014 and by the terms of the moratorium on recruitment and promotions in the public sector.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th March, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.