FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - INMO DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Long Term Acting of 3 Assistant Directors Posts
BACKGROUND:
2. This case concerns a dispute between the HSE and the INMO in relation to the regularisation of staff acting up in Assistant Director of Nursing (ADON) level posts. The Union is seeking that these workers be permanently appointed to the posts with retropsective pay and incremental credit. Management's position is that there are national discussions ongoing in relation to long term acting within the Health Service and that no regularisation can take place prior to the conclusion of these talks.
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 27th June, 2012 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 18th September, 2012.
UNION'S ARGUMENT:
3 1 It is not accepted that this issue requires national agreement prior to the regularisation of the posts. The workers cannot continually act up to a senior grade indefinitely without being regularised in the posts.
MANAGEMENT'S ARGUMENT:
4 1 This is a national issue with discussions ongoing. Management cannot regulrise the workers in the posts until the discussions are concluded.
RECOMMENDATION:
The question of permanent employment of those in long-term acting-up positions has been the subject of negotiations between the HSE and Health Sector Unions. In those negotiations the parties have reached agreement on a set of proposals that are awaiting ratification. It is acknowledged by the Union that if these proposals are accepted and implemented the positions of the Claimants will be satisfactorily addressed.
In these circumstances the Court does not consider it appropriate to make a definitive recommendation on these individual claims at this time. Rather, the Court believes that the HSE should now give the Union a firm commitment to expedite the process of ratification of the proposals formulated in conciliation so as to make its position known not later than 31st October, 2012. On that basis the Union should await the HSE's decision on those proposals.
Signed on behalf of the Labour Court
Kevin Duffy
11th October 2012______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.