FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH NURSES AND MIDWIVES ORGANISATION DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr Hall |
1. Nursing staffing levels at South Tipperary General Hospital.
BACKGROUND:
2. This dispute relates to an issue regarding staffing levels for nurses in South Tipperary General Hospital.
- 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 June 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 12 September 2017.
UNION'S ARGUMENTS:
The Union stated that their request for 36.4 additional nursing staff was founded on the appropriate scientific research. The first tranche of 14.72 WTE have already been approved. The Union informed the Court that nurses and midwives in South Tipperary General Hospital are struggling on a daily basis to provide optimal, safe and quality carein an understaffed environment. The Union also argued that the same Management structure has approved additional nurses for the new Hospital development but will not address the issues surrounding bed numbers and staffing levels currently arising in South Tipperary General Hospital.
EMPLOYER'S ARGUMENTS:
The Health Service Executive South (HSE South) informed the Court that Management have worked "tirelessly" in their attempts to return the Hospital's nursing numbers to the approved levels.Furthermore, South Tipperary General Hospital stated that it was confident the remaining nursing staffing deficits will be actively filled through further initiatives with the aim of restoring the approved and funded ceiling of 325 WTE's.
RECOMMENDATION:
The issue in dispute relates to staffing levels in South Tipperary General Hospital (STGH). Whilst there have been ongoing issues in relation to the filling of vacancies arising within the current approved complement of nurses (325 WTE’s). It was accepted that at this point in time progress had been made in relation to those vacancies.
The issue in dispute for the purpose of the hearing were the 36.92 WTE later adjusted to 36.4 WTE additional nursing staff identified by the staff review carried out in line with the requirements of the Task Force on staffing and skill mix (A Framework for Safe Nurse Staffing and Skill Mix in General and Specialist medical and Surgical Care settings in Acute Hospitals in Ireland) and other relevant tools. In particular the initial tranche of 14.72 WTE positions(out of the 36.4 WTE positions referred to) that (STGH) had sought funding for at national level but the business case has to date not been approved by the Acute Hospitals Services National Division Pay Bill Management and Control Group. The Union contends that in 3 other sites where the same tool had been used funding was provided for the additional posts identified.
The employer accepts that the review group using the appropriate tools identified 36.4 WTE vacancies and that they had sought funding for an initial tranche of 14.72. The business case for these posts is still being actively pursued with the Acute Hospital Division.
The tool (A Framework for Safe Nurse Staffing and Skill Mix in General and Specialist medical and Surgical Care settings in Acute Hospitals in Ireland) is a nationally agreed tool. It was agreed at National level to pilot it in three hospitals and these hospitals may have received additional funding. However, STGH is not one of the agreed pilot hospitals and are dependent on the Acute Hospitals Services national Division Pay Bill management and Control Group for sanction and funding for additional posts.
In the context of the approval of the recent National WRC agreement between the HSE and the INMO, the employer is willing to work with the Union in actively seeking to have WTE posts secured as new development posts for acute hospitals.
The Court having read the submissions of the parties and listened to the oral submissions on the day believes that the resolution of this issue is not within the remit of local management at STGH or even at South West Hospital Group level. The Court recommends that the parties use their respective national structures to seek to advance the case for the additional posts identified by the review group.
Signed on behalf of the Labour Court
Louise O'Donnell
19 September 2017______________________
JDDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.