FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JOHN'S HOSPITAL LIMERICK REPRESETNED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION - AND - IRISH NURSES AND MIDWIVES ORGANISATION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Nurses in A&E finishing time.
BACKGROUND:
2. This case concerns a dispute between St John's Hospital, Limerick and the Irish Nurses and Midwives' Organisation (INMO). The issue concerns the finishing times of Nurses employed in the A and E Department of the Hospital. The Union's case is that the Nurses have no certainty as to what time they can leave the Hospital after the completion of their shift. It contends that patients that remain in the A&E Department and who are not admitted must be cared for by the Nurses despite the fact that they could be admitted to vacant beds or transferred to other hospitals. Management's position is that there are practical solutions available to them such as Assistant Directors of Nursing accompanied by a Healthcare Assistant dealing with the patients until the commencement of the next shift. Management further contends that changes to the roster could also assist the parties in reaching agreement.
The dispute was not 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 matter was referred to the Labour Court on 14th February 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
UNION'S ARGUMENTS:
3 1 It is unacceptable that the Nurses are unable to leave the Hospital on the completion of their shift. This has serious implications for their personal and family responsibilities.
2 There are many options available to resolve this dispute such as changes to the rosters, admitting patients to vacant beds, transferring patients to other hospitals or having a link nurse in place. The current difficulties have not been resolved as there have been no acceptable proposals put forward by Management.
MANAGEMENT'S ARGUMENTS:
4 1 Management is confident that the dispute can be resolved with some appropriate changes on its part. Discussions can take place and the Union's proposals with regard to changes to rostered finishing times and additional supports will be seriously considered by Management.
RECOMMENDATION:
The Court notes that the issues surrounding the management of the Accident and Emergency Department in St John's Hospital are complex. As a result it is extremely difficult to set a definite finish time for the nursing staff who work in that department. However, this situation is exacerbated by some of the practices that are taking place elsewhere in the Hospital generally and this Department in particular. Furthermore the interaction between this Department and the wider HSE services in the region require focus and attention also if this issue is to be addressed in a satisfactory manner for all concerned.
The Court notes that a major restructuring of of A & E services in the region is imminent and is expected to be in place before the end of this year. These changes in turn may resolve a number of the complex issues affecting this dispute.
In all the circumstances of this case therefore the Court recommends that, pending the implementation of the new regional A & E arrangements, the A & E nursing rosters be extended to provide for a finish time of 11 p.m. on the strict understanding that nursing staff will not be required to remain at work after that time. Adequate arrangements to relieve nursing staff from duty at that time should be put in place with immediate effect.
In the event of a delay in the introduction of the new regional arrangements, the Court recommends that the 11p.m. finish be revisited after the revised rosters have been in place for 12 months.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
17th July 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.