FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TUSLA CHILD AND FAMILY AGENCY (REPRESENTED BY MASON HAYES AND CURRAN, SOLICITORS) - AND - IRISH NURSES AND MIDWIVES ORGANISATION DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Eligibility criteria for the position of Early Years Inspector.
BACKGROUND:
2. This dispute relates to a proposal by TUSLA to change the eligibility criteria to a level 8 QQI Qualification for the position of Early Years Inspector.
- The Union said that the role previously known as Pre-Schools Inspector required a person to be registered as a Public Health Nurse and hold a level 9 QQI qualification.
The Employer said that the regulatory framework of the Inspectorate has changed and the Early Years Inspectorate is now part of the wider health, social care and education regulatory environment.
- 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 19 October 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 7 December 2017.
UNION’S ARGUMENTS:
3. 1. All existing panels of Public Health Nurses be exhausted prior to new competitions for Early Years Inspector.
2. Going forward, recruitment for Early Years Inspectors should proceed on a semi-confined basis, with 50% of the recruits being confined to the Public Health Nurse Grade.
3. A pre-retirement initiative for nurses and midwives be introduced in TUSLA for this grade who are registered nurses.
EMPLOYER'S ARGUMENTS:
4. 1. In February 2016, the Department of Children and Youth Affairs wrote to TUSLA stating that the Department was anxious to ensure that a multidisciplinary approach was in place.
2. The letter stated that funding for the new post of Early Years Inspector would be dependent on achieving a mix of skills, competencies and professional qualifications.
3. TUSLA is moving towards and committed to ensure that all of its statutory functions are standardised in terms of structure, staff competence and eligibility criteria.
RECOMMENDATION:
The issue in dispute between the parties is the change to the eligibility criteria for promotion to Early Years Inspector and the impact it will have on the existing cohort of eligible staff. The staff involved in the claim are Public Health Nurses represented by the INMO. Currently they are the only grade who can access these posts. Management are proposing to change the eligibility criteria for appointment to Early Years Inspector which will open the posts to other suitably qualified grades. The consequence of this will be to dilute the promotional opportunities for the existing eligible staff. There has been significant engagement on the issue without an acceptable resolution being achieved.
The Unions claim is that prior to changing the eligibility criteria the Employer should;
a)Exhaust all existing panels.b)Agree that going forward 50 % of posts to be filled by competition confined to Public Health Nurses.
c)Introduce a pre-retirement initiative for nurses and midwifes for this grade who are registered nurses.
If agreement can be reached on these issues the eligibility criteria for entry to Early Years Inspectors can be amended to include other grades.
The Employers response to the Unions position is that they have been given additional posts by their parent Department however the filling of those posts is subject to agreement being reached on the broadening of the eligibility criteria. In relation to existing panels the Employer is willing to fill two posts from that panel but as there are a number of panels and the total number of people on the panels is 16, it is not possible to appoint them all. The Employer acknowledged that the fact there was no end date for the current panels was not helpful in terms of resolving the current impasse. The Employer does not believe it is in a position to split the competitions going forward on an indefinite basis in the manner suggested by the Union. The Employer confirmed that currently there are 10 posts to be filled.
The issue of a pre-retirement initiative has national consequences and therefore is not something the Employer can engage on. The Employer is however prepared to concede a 37 hour week to all staff working as Early Years Inspectors.
The Court having read the submissions and listened to the oral submissions on the day notes that the Union are not opposed to the extending of the eligibility criteria. They are however concerned that the transition to the new arrangement is done in a manner that limits to the greatest extent possible the impact on existing staff.
To this end the Court recommends that five of the existing ten posts should be filled from the existing panels in a fair and equitable manner. The remaining five should be filled from a competition using the new eligibility criteria. In any competition thereafter, if the panels referenced earlier in this recommendation still have people on them a further 3 posts should be filled in a fair and equitable manner from those panels and at that stage those panels should be closed.
In circumstances where panels are being used in the manner covered by the recommendation consideration should be given to putting an end date on same.
As proposed by management all staff working as Early Years Inspectors should at the earliest possible date be moved to working a 37 hour week.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
CR______________________
19 December, 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.