FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Ms O'Donnell |
1. Implementation of Agreement regarding the Appointment of Senior Hygienists.
BACKGROUND:
2. This case concerns a claim by IMPACT for Implementation of an agreement regarding the appointment of Senior Hygienists. The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 23rd of February 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th of April 2016.
UNION'S ARGUMENTS:
3. 1.The profession of Dental Hygienist is the only one of the Health Professions without an appropriate grading structure in the HSE.
2. The Dental Hygienist profession should be no different to other grades and the structure as agreed should be put in place.
EMPLOYER'S ARGUMENTS:
4. 1. The claim is being pursued at a time of severe constraint on health sector finances.
2. The HSE cannot be bound to an old agreement that is not appropriate to the structure of Community Health Organisations. The terms of any past agreement have been superseded by reorganisation within the health sector and the HSE cannot concede the Union claim and must fully adhere to the government policy that approved such a reorganisation.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties. The Court notes the parties’ confirmation that the matter before the Court does not arise from or fall to be considered under the terms of the Public Service Stability Agreement or any Public Service Agreement.
It is clear that the parties completed an agreement as regards the introduction of the grade of Senior Dental Hygienist in 2007. It is also clear that, notwithstanding the fact that the agreement of 2007 had not been implemented in full, the employer in 2012 re-committed itself to the agreement and confirmed its intention to implement ‘when circumstances permit’.
The Court is aware that the parties have engaged constructively to agree the detail of the role of Senior Dental Hygienist and have concluded an agreement in that regard in 2015. The Court has also been informed that discussions are currently taking place between the parties with a view to addressing a range of national issues in the service.
The Court has examined the report giving rise to the 2007 agreement and notes that the report stated that ‘a maximum of 1.5 senior posts should be available in each Local Health Area Office’. The employer currently proposes that nine posts should be filled.
The Court recommends that, without prejudice to the position of either party, twenty four senior posts (including the two posts already filled) should be filled at this time. The parties should complete their current national engagements and any outstanding matters arising at the conclusion of that process, including any remaining issues related to the matters addressed by the Court in this Recommendation, should be referred to the Court in the normal way at that time.
Signed on behalf of the Labour Court
Kevin Foley
CO'R______________________
16th May, 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.