FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK UNIVERSITY HOSPITAL (REPRESENTED BY HSE SOUTH) - AND - IRISH NURSES & MIDWIVES' ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Non-appointment of four Advanced Nurse Practitioners.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union in relation to the non-appointment of four Advanced Nurse Practitioners (ANPs) in the Accident and Emergency Department of Cork University Hospital (CUH). The dispute relates specifically to the Union's claim that the Employer has failed to appoint four approved ANPs and at present there is only one practising ANP within the Accident and Emergency Department. In 2008 a competition was held for the ANP positions and four candidates were placed on a panel. The Union contends that it is the fault of the Employer that these four positions have yet to be filled. The Union is currently seeking the immediate implementation of the four ANP positions to the Accident and Emergency Department of Cork University Hospital. The Employer refutes the Union's claim, arguing that it is strictly bound by the terms of the Public Service Agreement 2010-2014 (PSA) and as such is prohibited from appointing four ANPs in line with the Government Moratorium on Recruitment and Promotion.
The dispute could not be resolved at local level and was the subject of a number of Conciliation Conferences held under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 19th July, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th September, 2012.
UNION'S ARGUMENTS:
3. 1. Four ANP positions were approved in 2005 and a panel was formed in 2008, however, the Employer has yet to implement the four ANP positions.
2. The Union contends that this is not a cost-increasing claim and is not precluded under the terms of the PSA.
3. The Union further contends that many appointments as well as regularisation of posts have been made within CUH since the introduction of the PSA.
EMPLOYER'S ARGUMENTS:
4. 1. The Union's claim is currently precluded under the terms of the PSA.
2. The Employer is not in a position to appoint four ANPs in line with the current Moratorium on Recruitment and Promotion.
RECOMMENDATION:
The claim before the Court concerns the non-appointment of four Advanced Nurse Practitioners (ANPs) to the Emergency Department of Cork University Hospital since 2005. The Union submitted that although five were approved only one has been appointed.
The Union referred to the recent proposed agreement for Consultants and stated that the anticipated revisions to NCHD work patterns with reductions in working hours to comply with provisions of the European Working Time Directive may include the replacement of NCHD hours by Advanced Nurse/Midwifery Practitioner where appropriate. The Union submitted that this would provide a basis to progress matters.
Management at HSE South stated that it remains committed to the implementation of the National Emergency Programme (2012) in Cork University Hospital Emergency Department, which encompasses the role of the ANP, and any further introduction of the ANP role in the Emergency Department of the Hospital will be in the context of, and would be comprehended by, the identified national clinical framework. However, due to the Moratorium on Recruitment and Promotions in the Public Service and Clause 1.27 of the Public Service Agreement 2010 – 2014 it is not possible to fill the positions at this time.
In the above circumstances, having regard to the Moratorium and the Public Service Agreement, the Court is unable to recommend concession of the claim at this time, however, the Court recommends that matters should be kept under review and progressed in line with the developing situation.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
31st October 2012______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.