FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Failure to convert agency hours into whole time equivalent positions.
BACKGROUND:
2. This dispute relates to the failure of the HSE to convert agency hours to whole time equivalent positions.
The Employer said agreement was reached with the Union to proceed with a pilot project for the introduction of two Health Care Assistants (HCA) into the Mid-West area. This Pilot concluded on the 29/06/2014 but due to exigencies of the service the Workers could not continue in this role and reverted to their substantive positions.
- The Union said agreement in principle was reached with the HSE for the two Workers who participated in the pilot project to be assigned on a permanent basis to the HCA role. However there have been immense difficulties in seeking an implementation date for the application of this agreement.
- This 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 14 November 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 29 March 2017.
UNION’S ARGUMENTS:
3. 1. The Workers are graded at attendant level on band four.
2. They should be reclassified as HCA’s on the appropriate band three pay scale.
3. Thedelay in the implementation date is adversely affecting the Workers entitlements.
EMPLOYER'S ARGUMENTS:
4. 1. The HSE are agreeable to converting the two Workers to the HCA role.
2. There is a difficulty with backfilling the Attendant Posts.
3. There is agreement to proceed with this agency conversion once staff are sourced to fill the positions vacated by the two staff.
RECOMMENDATION:
The Court has considered carefully the written and oral submissions of the parties.
The Trade Union contends that Agency HCA hours to the equivalent of two WTE’s should be converted to direct employment. The Trade Union further contends that two named Attendants should be appointed to the two HCA posts created as a result of the conversion.
The parties engaged by agreement in a pilot exercise to establish the practicality of conversion of Agency HCA hours to direct employment on the site. That pilot exercise concluded on 29thJune 2014. The two Claimants in this case had taken up the duty of HCA as part of this pilot but reverted to their substantive grade of Attendant upon completion of the pilot.
The parties are agreed that Agency HCA hours should be converted to two WTE positions on the site. They are further agreed that the two Claimants should be appointed to the position of HCA upon conversion of those hours.
The Respondent contends that it will not be possible to appoint the two Claimants to the position of HCA until it can ‘backfill’ their current positions in a means other than by the use of Agency personnel. The Respondent set out to the Court the extensive efforts which have been made to arrange such ‘backfilling’. Those efforts have, to date, been unsuccessful.
The Court acknowledges the significance of the co-operation of the parties throughout the pilot process and the engagement which has resulted in an agreement to convert Agency hours to direct employment. The Court notes in particular the personal contribution of the two Claimants to the success of the pilot exercise.
The Court believes that the completion of the process undertaken by the parties should be achieved as soon as possible and that the parties should commit to implementation of the final steps to achieve conversion on this site.
The Court therefore recommends that two HCA positions should be created by the conversion of Agency HCA hours no later than 31st May 2017. The two Claimants should be appointed to fill those positions when created. The Respondent should take whatever steps it can to ensure ‘backfilling’ of the resultant Attendant vacancies in the intervening period. Notwithstanding the result of these efforts however, and taking account of the history and longevity of this matter, the HCA positions should be created no later than the date specified in this Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CR______________________
10 April, 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.