FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST (ST ITA'S HOSPITAL) - AND - PNA DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Breach of 2011 Agreement.
BACKGROUND:
2. This dispute concerns the continued shortfall in staffing numbers in St Ita's Hospital. This 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 27th February, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th June, 2013.
UNION'S ARGUMENTS:
3 1 The Employer has failed to honour agreements to recruit staff and maintain agreed staffing levels.
2 The Employer is relying on overtime and retired staff to fill some of the resulting vacancies.
3 The Employer has allowed vacancies to rise to an unacceptably high level.
EMPLOYER'S ARGUMENTS:
4 1 The significant numbers of staff retiring recently have made it difficult to to achieve intended staffing levels.
2 Significant service plan reductions have also reduced staffing levels.
3. The new graduate recruitment scheme will increase staffing levels.
RECOMMENDATION:
The issue before the Court concerns the continued shortfall in staffing numbers at St Ita’s Hospital. Agreements made on staffing numbers have not been adhered to despite efforts made, due to a number of factors including budget constraints and employment control ceilings imposed on HSE Management. The Union requested the Court to recommend that HSE should honour the agreements made.
The shortfall in numbers both for the Mental Health and Intellectual Disability areas were identified to the Court.
HSE Management informed the Court that recent developments will result in decision making on employment control being devolved from national level to local level, allowing some discretion to be used in the replacement of additional hours and use of agency work, with permanent staff, to endeavour to meet the agreed staffing target levels.
Having considered the submissions made the Court is of the view that the parties should meet to further engage with a view to reaching an agreement on a process to implement the WTE headcount agreed for both the Mental Health and Intellectual Disability areas. The Court recommends that this process should be completed by no later than six weeks from the date of this Recommendation.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th June, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.