FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE (SOUTH) - AND - IRISH NURSES & MIDWIVES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Regularisation
BACKGROUND:
2. The case concerns a claim by the Union seeking regularisation of two named Nursing staff in acting-up positions in St. Finbarr's Hospital Cork.
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 1st March, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th October, 2011.
UNION'S ARGUMENTS:
3. 1. Both Nurses have completed more than five years in an acting-up post, the 14th February 2008 agreement between Cork University Hospital and INMO allowed for automatic conversion after three year for all long term actors.
2. The Nurses should be properly encompassed by this agreement localised to St. Finbarr's Hospital without prejudice to a national settlement.
COMPANY'S ARGUMENTS:
4. 1. The moratorium introduced by Government on the 27th March 2009 does not include an exemption for nursing grades. There are however on-going national discussions and the issue was raised at a recent National Joint Council meeting.
2. The Public Service Agreement 2010-2014 does not allow the HSE South to enter into local negotiations with Unions that may have subsequent national implications such as regularisation of staff in acting-up positions.
RECOMMENDATION:
The Court is satisfied that there is merit in the case advanced by the Union on behalf of the Claimants. However the Court notes that there are national negotiations in progress at present aimed at concluding a collective agreement on the position of those in long term acting positions. The Court does not consider it appropriate to pre-empt the outcome of these negotiations by making a definitive recommendation in this case.
The Court recommends that consideration of the cases before the court be differed for a period of six months. If, in the interim, a national collective agreement is concluded the case of these two individuals be dealt with in accordance with that agreement. If no agreement is concluded in that period the Union's claim should be considered on its own merit.
It is further noted that the HSE has confirmed to the Court that the Claimants will continue in their acting positions in the interim.
Signed on behalf of the Labour Court
Kevin Duffy
28th October, 2011______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.