FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JAMES'S HOSPITAL (REPRESENTED BY IRISH BUSINESS EMPLOYERS CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Additional Shifts for Health Care Assistants
BACKGROUND:
2.
UNION'S ARGUMENTS:
The Union stated that the Employer should first offer additional shifts when they occur to directly employed staff members, in line with the custom and practice of other Voluntary Hospitals and the HSE.
COMPANY'S ARGUMENTS:
The Employer argued that it was financially more efficient to have the work in question carried out by agency staff while maintaining a high quality service to patients. This has been the Employer's policy for approximately ten years. The Employer also highlighted its obligation to operate as efficiently as possible.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
The Court notes the significant impact on the issue before it of the planned recruitment of 58 permanent HCA’s by the Hospital in the first half on 2017. The programme of recruitment involves the recruitment of six staff in February 2017, ten in March 2017 and the remainder (forty two) by June 2017. The hospital has assured the Court that the recruitment of these personnel is approved in the appropriate manner and will definitely proceed.
The hospital has emphasised to the Court that its position as regards the employment of Agency staff to operate shifts as opposed to offering such work to direct employees of the hospital is based entirely on cost considerations.
The Court notes from the data supplied that the employment of Agency staff to cover shifts on Sundays is more expensive than the option of offering such work to directly employed staff.
In all of the circumstances the Court recommends that, pending the employment of 58 HCA’s, the hospital should, as an interim measure, make additional Sunday shifts available to directly employed personnel in the first instance before employing Agency staff.
This interim measure and the general question of the arrangements to cover shifts when required by directly employed or Agency staff should be considered by the parties in the context of the environment as will obtain following the recruitment of 58 HCA’s. The Court understands that the recruitment of the staff will be complete by June 2017. Engagement between the parties on the operation of mechanisms to cover additional shift working when required should be complete by end of September 2017.
Signed on behalf of the Labour Court
Kevin Foley
JD______________________
7 March 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.