FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - IRISH NURSES AND MIDWIVES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION PSYCHIATRIC NURSWES ASSOCIATION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Application of Incremental Credit
BACKGROUND:
2. This case concerns a dispute between the HSE and Unions in relation to a claim for incremental credit for the 36 week placement undertaken by Studen Nurses in their final year of training. The Union referred the matter to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 8th May 2015.
UNION'S ARGUMENT:
3 1 The Union considers it unfair and inappropriate that student nurses carry out a 36 week placement in their final year of training, get paid minimal rates for doing so and are then denied incremental credit for their time spent on placement. The Unions are seeking that incremental credit be awarded for the period in question.
MANAGEMENT'S ARGUMENT:
4 1 Management is unable to concede to the Unions' claim as the terms and conditions of employment of Student Nurses including the issue of incremental credit are decisions of Government which cannot be altered at local level.
RECOMMENDATION:
The unions are seeking to have incremental credit for a 36 week clinical placement they undertake as part of their training credited to newly appointed nurses/midwives on appointment to permanent posts in the Public Service. Management argues that the decision to refuse incremental credit in such cases is part of a Government decision and cannot be altered by the HSE or the Department.
Having considered the submissions of both parties to this dispute the Court, consistent with LCR 20984, recommends that the issue be dealt with in discussions scheduled to take place regarding pay and conditions of employment in the Public Sector following the expiry of the HRA.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
25th May 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.