LCR21941

• 
  •Location

  •Duties

  •Hours of Work

  •Qualifying criteria.

Location

The element of the draft contract under the heading of Location should read as follows:

• 4.1 Care is delivered in a variety of settings. New approaches and models of care are being advanced within the context of overall healthcare reform. Many of the components in this contract will put nursing in a position to lead on these reforms

  4.2 Your appointment is to ______________ [insert name(s) of employment locations] and the normal duties of your work shall be delivered at such locations.

  4.3 You may be required, in order to meet the requirements of the service and patient needs, to support:

  • the delivery of services in the acute hospital and/or community sectors,

  • the transfer of workload from the acute hospital sector to the community, and

  • the implementation of strategies and projects to shift care delivery to the community setting including new approaches to chronic disease management.

  This may require you to provide services at other places of work on a regular / intermittent basis as required by the Employer.

  4.4 Any transfer to another place of work will be in accordance with this contract, employer policies and the National Agreements in place from time to time.

  4.5 Flexibilities will continue to be delivered with the implementation of new models of care.

The element of the draft contract under the heading of duties should read as follows:

• 6.1 Your standard duties and responsibilities as determined by the Employer and directed by your line manager are as set out below.

  6.2 In addition to your normal duties and those documented in the job description, you may be required to undertake other duties appropriate to your position and within your scope of practice, including deputising as appropriate.

  6.3 Your standard duties and responsibilities include:

  i. To practice Nursing according to the Code of Professional Conduct issued by the Bord Altranais agus Cnáimhseachais na hÉireann (Nursing Midwifery Board Ireland) and Professional Clinical Guidelines;

  ii. To work within your scope of practice and take measures to maintain and enhance the competence necessary for professional practice;

  iii. Complying with and adhere to all relevant policies and procedures;

  iv. Promoting the safety, health, welfare and social wellbeing of patients and respect the dignity and confidentiality of patients and their families;

  v. Promoting patient advocacy and maintain patients’ privacy and dignity;

  vi. Performing the full range of clinical duties appropriate to your area of practice and as determined by your line manager to ensure a comprehensive nursing service is delivered to patients in your care;

  vii. Maintaining appropriate and accurate written/electronic nursing and midwifery records and care plans regarding patient care in accordance with local/national/professional guidelines;

  viii. Utilising appropriate evidence-based and recognised screening tools, risk prediction models, assessment and enhanced skills to support patient’s remaining in their own home (e.g. Early Warning Scores, Falls Assessment);

  ix. Supporting and cooperating with the sharing of tasks with Non-Consultant Hospital Doctors as per national agreements;

  x. Engaging in continuous skill acquisition and be supported as appropriate in doing so to ensure the ongoing development of the enhanced role;

  xi. Taking responsibility for own competency and learning and development needs and actively contribute to the learning and development of the wider nursing / midwifery and primary care team;

  xii. Completing all mandatory training as deemed necessary by the Director of Nursing and Bord Altranais agus Cnáimhseachais na hÉireann (Nursing Midwifery Board Ireland);

  xiii. Supporting the training and education of nursing / midwifery students and participating in the clinical / workplace induction of new nursing and clinical support staff;

  xiv. Contributing to the identification of training needs pertinent to the clinical area;

  xv. Developing clinical teaching skills and participating in the planning and implementation of orientation, training and teaching programmes for nursing / midwifery students and other health-care staff allocated to the service e.g. Preceptorship;

  xvi. Co-operating with and implement, where appropriate, strategies developed to move work to the community;

  xvii. Co-operate with changes arising from implementation of the recommendations of the review of nursing and non-nursing in all areas including ambulatory and outpatients areas;

  xviii. Participating in clinical governance structures within the local / regional / national clinical governance framework;

  xix. Reporting complaints/ incidents and assist with the investigation of same as appropriate;

  xx. Facilitating and supervise the delegation of appropriate tasks to other clinical support grades as part of the nursing team;

  xxi. Co-operating with the implementation of the agreed new structures developed to support Integrated Care Organisations;

  xxii. Supporting the implementation of all recommendations from the HCA review including development of appropriate policies and guidelines to promote and sustain delegation;

  xxiii. Co-operating with the introduction of ICT systems including those to support the Safe Nurse Staffing Framework and input, utilise and analyse the data;

  xxiv. Collecting and input data on nursing metrics;

  xxv. Ensuring that records are protected and managed as per HSE / local policy and in accordance with relevant legislation;

  xxvi. Working closely with colleagues across health services in order to provide a seamless service delivery to the patients as part of integration;

  xxvii. Participating in and contributing to and providing data as required to any verification process at local, regional or national level for the purposes of documenting and assuring delivery of the range of duties specified in this Contract;

  xxviii. Undertake any other duties in accordance with your scope of practice as may be assigned by the Assistant Director of Nursing / Midwifery and Clinical Nurse / Midwifery Manager II or Employer.

Hours of Work

The element of the draft contract under the heading of Hours of Work should read as follows:

• 9.1 You are contracted to undertake such duties / provide such services as are set out in this Contract in the manner specified for 39 hours per week. Contracted hours which are less than the 39 standard weekly working hours for your grade will be paid pro rata to the full time equivalent.

  9.2 Hours of work may be revised or amended pursuant to the Public Service Agreement, national agreements relating to public service employees or Collective Agreements relating to your grade.

  9.3 Your roster may be subject to assessment and change in the context of the Framework on Safe Staffing and may provide for a variety of shifts. This will include all healthcare settings in due course.

  9.4 It is acknowledged that hours are delivered on a 24/7 basis including day and/or night duties over any 5 or 7 days out of the 7 days in a week as determined by the Employer. The provision of services over an extended working week will be delivered in accordance within the Framework Agreement 2008.

  9.5 Your duty roster will be flexible and as determined by the Director of Nursing / Midwifery / Employer in line with:

  • implementation of the Framework for Staff Nursing Staffing and Skill Mix and Clinical Care Programmes;

  • other evidence-based safe staffing tools;

  and taking account of:

  • finalisation of rosters at least 4 weeks in advance of start date following consultation with nurses / midwives;

  • measures to ensure an equitable distribution of premium pay hours allocation;

  • patient safety requirements;

  9.6 Rostering arrangements may be changed from time to time in line with clinical and/or service need as determined by the Employer.

  9.7 You will be notified of rosters at least 4 weeks prior to their taking effect other than where there is a requirement for the employer to amend the roster to respond to unplanned clinical need.

  9.8 You will receive rest and daily / weekly breaks in line with the Employer’s policies and collective agreements and as a minimum rest breaks and other entitlements provided for under the Organisation of Working Time legislation.

  9.9 You shall comply with such arrangements as are put into place by the Employer for measurable and transparent systems of continuously monitoring adherence to working time legislation in line with the provisions of the Public Service Agreements.

  9.10 You may be required to work such reasonable additional hours as may be necessary to meet service needs in accordance with national overtime policy. The rate of overtime payment, where applicable to you, will be in line with nationally approved rates for your grade.

  9.11 Work outside the confines of this Contract is not permissible if the combined working time associated with this employment taken together with any other employment exceeds the maximum weekly working hours as set out in the Organisation of Working Time Act.

Qualifying criteria

The Court has been asked to interpret that aspect of Recommendation LCR21900 which dealt with the period of service required of a Nurse / Midwife in order to qualify to move to the enhanced Nurse / Midwife Role. It is management’s position that a Nurse / Midwife should have completed two years service as a Nurse / Midwife in order to be eligible to move to the enhanced role provided he or she meets the other criteria. It is the position of the INMO that a Nurse / Midwife should be eligible, provided he or she meets the other criteria, once she or he has completed one year and sixteen weeks as a Nurse / Midwife.

The Court, in LCR21900 addressed this matter in the following terms:

• Once they reach point 4 on the Staff Nurse/Midwife scale they can migrate to the Enhanced Nurse/Midwife Practice scale if they meet the qualifying conditions.

Summary

The Court recommends that the draft contract which has been developed by the parties should be amended to include the above provisions.

The Court so recommends.

Signed on behalf of the Labour Court



Kevin Foley
TH______________________
3 April 2019Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.