FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS 1946 TO 2015 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES: HSE AND PSYCHIATRIC NURSES ASSOCIATION IRISH DENTAL ASSOCIATION DIVISION:
SUBJECT: Scheme for Health Care workers with Long Covid / COVID
This matter could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the matter was referred to the Labour Court on 5 September 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 27 October 2023. RECOMMENDATION: The Court has given very careful consideration to the written and oral submissions of the parties. The Court noted that current arrangements to provide for the effects of ‘Long COVID’ were extended from 31st October 2023 to 31st March 2024. That development was notified to the parties and the Court on the eve of the hearing of the Court. The submissions of the parties made clear that there is no agreement between them that a causative link has been established between contraction of COVID 19 by health workers and the fact of their working in the health service. The Court made clear to the parties that it was not for the Court to classify a specific illness as an occupational illness or to give a view as to the causative link, if any, between contraction of COVID 19 and working in the health service. It is clear from the submissions of the parties that two areas of claim are in dispute, and the Court’s recommendations in respect of each area are as follows: Period of payment for self-isolation Special Leave with Pay for COVID 19 is an arrangement separate from normal sick pay arrangements. Arrangements have evolved since 2020 in accordance with the evolution of health advice generally. The Trade Unions submit that when a staff member is diagnosed with Covid 19 he or she should be entitled to 10 days special leave with pay. It was submitted that this had been the arrangement initially with effect from February 2022 until that was changed to 7 days special leave with pay in July 2022 and to 5 days from 18th April 2023. The employer submitted that a worker can, in accordance with health advice generally, return to work after five days of isolation. In the health service, a local risk assessment can take at the point of a return to work, especially where the worker’s duties may require them to be in contact with vulnerable patients. Where re-assignment is necessary after such an assessment the worker would normally be re-assigned to other duties for five days. Where re-assignment is decided not to be possible for practical reasons the worker would normally receive Special Leave with pay for a further five days. The Trade Unions clarified to the Court that there was no objection to re-assignment of a worker where possible upon a return to work following five days of isolation and receipt of Special Leave with pay. Neither party were able to clarify to the Court the degree to which current arrangements impact negatively upon workers or the extent to which a change to current arrangements could impact the delivery of health services. Recommendation of the Court Having regard to the submissions of the parties, the Court regards the arrangements in place as regards a return to work after five days in receipt of Special leave with Pay to be reasonable and does not recommend concession of the claim of the trade union side. Establishment of a special scheme for health care workers who have developed Long Covid The Court noted that the existing special scheme to offer protection to health workers who have contracted ‘Long Covid’ which was due to expire on 31st October 2023 has now been extended to 31st March 2024. The parties were unable to specify to the Court the extent to which the arrangements surrounding qualification for this scheme negatively affects workers in the health service. Recommendation of the Court Noting the extension of the scheme to 31st March 2024, the Court recommends that the parties jointly engage in the period prior to 31st March 2024 to explore the matter of persons with ‘Long Covid’ in the health service taking account of the availability of the range of support arrangements already in place including normal sick pay arrangements and TRR etc which together are contended to provide support across a period of years to workers affected by ‘Long COVID’. The Court so recommends.
NOTE Enquiries concerning this Recommendationshould be addressed to David Campbell, Court Secretary. |