ADJUDICATION OFFICER RECOMMENDATION

Adjudication Decision Reference: ADJ-00003731

Dispute for Resolution:

Date of Adjudication Hearing: 08/09/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with section 13 of the Industrial Relations Act, 1969 I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Complainant’s Submission and Presentation:

The complainant works as a staff nurse on a medical ward providing a service for 37 patients who are acutely ill medically, specifically in relation to stroke and older person acute medicine.   The majority of the patients are over the age of 65 years.   In 2014 the complainant made an application to UCC and was sponsored by the respondent for post grad education in Gerentological Nursing. UCC confirmed with the then Director of Nursing that the specialist employment secondment was appropriate and that the ward was an appropriate location to obtain credits for the course work.   Subsequently the complainant obtained his post grad qualification which is recognised by NMBI.   He made application for the specialist qualification allowance in May 2015.   The Department of Health Circular 112/99 on Revised Allowances for Nursing grades details that where registered nurses hold the relevant qualification including Gerentological nursing course payment of the allowance should be made. However, the complainant’s application for the specialist allowance was rejected locally. The decision was appealed and the appeal was rejected on the basis that the medical ward is a general ward.   The INMO continued to seek to have the ward designated as a Care of the Older Person ward and have the location allowance applied there. In April 2016 a WRC hearing was held on the substantive issue of re-designation and application of the location allowance to all nurses on the ward, but this was not upheld. However, the complainant was invited to make an additional submission to his Director of Nursing, detailing his continuation to practice clinically making use of his post-grad qualification, in care of the older person with a 73% of the patient population admitted to the ward. The request was subsequently rejected by management on 1^st June 2016.   It is contended that the respondent benefits from the expertise and enhanced clinical skills that the complainant brings with the sizeable quantum of older patients and therefore Circular 112/99 should be applied to him in his own right.

Respondent’s Submission and Presentation:

The facts of the background to the dispute are as outlined in both submissions summarised above.

The specialist qualification allowance is made payable to all nurses employed directly on duties in specialist areas of clinical practice appropriate to the qualification held, in accordance with Department of Health Circular 112/99. For example a nurse employed directly on duties in a specialist area such as intensive care or palliative care would be entitled to this allowance providing they possess the relevant clinical qualification.   The complainant is currently assigned to a medical ward which is designated as a general medical ward. The ward is not and has never been designated as a specialist care of the elderly ward. The patients admitted to this ward may be elderly but they are also clinically unwell. As the complainant is not employed directly on duties in a specialist area of clinical practice appropriate to the qualifications he possesses, it was determined that he is not entitled to be in receipt of a specialist qualification allowance.  To concede the claim would have significant knock on affect and therefore significant cost implications.

 Recommendation:

I note the difficulty the respondent has in that the ward the complainant works on is not a designated specialist area. The setting up of a specialist geriatric facility appears to be on the agenda but this could take 5 – 10 years. The complainant embarked on the post grad course with the support of his manager and it was not unreasonable for him to expect to receive the qualification allowance, especially since he has contributed significantly to the practice making use of his post grad qualification. I note that the complainant is the only nurse on the ward with the specialist post grad qualification. In the circumstances, I recommend that the respondent offer the complainant the qualification allowance from 1^st January 2016 as a once –off in the unique situation and in the recognition that the ward is not a specialist location which can be quoted as precedent.

Dated:   18^th November 2016