FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH NURSES AND MIDWIVES ORGANISATION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. 1. Location Allowance. 2. G.P. Liaison Nurse.
BACKGROUND:
2. The dispute affects Bantry General Hospital, which provides acute general hospital services and has 118 beds, and concerns 2 issues:
(1) Payment of a Location Allowance (currently €1,858 per annum) to nurses who work in the Hospital's Casualty/Emergency Department and,
(2) The creation of a G.P. Liaison Nurse due to the number of attendances at the Hospital.
The Location Allowance was introduced in 1999 following the National Nurses' Dispute in recognition of work carried out in a number of named areas, including accident and emergency (A&E) - Department of Health & Children Circular 112/99 and LCR16083 apply.
The claim for the G.P. Liaison Nurse was in the context of the inauguration of the Medical Assessment Unit at Bantry Hospital, with a view to directing patients to the most appropriate pathway through the Hospital.
The HSE has rejected both claims.
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 28th May, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th November, 2011, in Cork.
UNION'S ARGUMENTS:
3. 1. The HSE has failed to recognise the work done by the Nurses concerned. All other Casualty/Emergency Department Nurses in Ireland receive this allowance. It is unacceptable that Bantry General Hospital has been omitted.
2 . The role of the G.P. Liaison Nurse would be cost-effective as it would cut down on duplication of services and would constitute real reconfiguration.
HSE'S ARGUMENTS:
4. 1.The HSE is satisfied that it has given full regard to Circular 112/99 and LCR16083 as it relates to the application of the location allowance for Nursing Staff at the Hospital.
2. The HSE is not in a position to set aside the Public Service Agreement 2010-2014as both claims are cost increasing, particularly at a time when the HSE is under pressure to reduce costs. The moratorium on promotion precludes concession of the G.P. Liaison Nurse claim. The Hospital already has a structure that incorporates the principle of a G.P. Liaison Nurse.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this case.
The Court notes that the Agreement of 25th November 1999 provides that the claimed location allowance is "payable to Registered General Nurses when employed on duties in the following locations;
Accident and Emergency Departments
(Others not relevant in this case)
The Court notes that the Casualty Department in Bantry General Hospital is not an Accident and Emergency Department for the purposes of this Agreement and, accordingly, does not attract payment of the Allowance claimed.
The Court so recommends.
G.P. Liaison Nurse
The Court has considered the submissions of both parties in this dispute.
The Court is being asked to recommend on an operational rather than an industrial relations issue in this case. The Court is reluctant to express a view on the operational needs of the HSE and, accordingly, does not recommend concession of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
22nd November, 2011______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.