Up Arrow
 
 
Question Icon
 

Select an option from the dropdown list and press GO

 
Question Icon
 

Select an option from the dropdown list and then press GO

 
 
 

2003

Information Icon Water Mark
Up Arrow

Add to Binder allows you to add Workplace Relations content to your personal binder for viewing or printing later.

Binder icon image Binder

To access your binder, click the Binder link at the top of the page.

 
 

LCR17381

FULL RECOMMENDATION

CD/02/737
RECOMMENDATIONNO.LCR17381
(CC02/5240)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
SOUTHERN HEALTH BOARD

- AND -

PSYCHIATRIC NURSES' ASSOCIATION (PNA)


DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
SUBJECT:
1. Garda admissions


BACKGROUND:

2. The Union is in dispute with management over its decision to re-commence the admission of patients under Garda escort to the Acute Unit in Tralee General Hospital. It claims that the hospital is unsuitable for Garda admissions and that all Garda admissions should be to St Finian's Hospital, Killarney, where adequate facilities for such admissions are in place. The Union states that the seclusion rooms in Tralee General Hospital are neither safe nor satisfactory and that adequate training for nurses should be given to deal with disturbed and aggressive patients.

Management rejected the Union's proposals.

As no agreement was possible between the parties the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 28th November, 2002, but no agreement was reached. The dispute was referred to the Labour Court on the 16th December, 2002, in accordance with Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 10th January, 2002.


UNION'S ARGUMENTS:

3. 1. Tralee General Hospital is unsuitable for Garda admissions.

2. Garda escorts of admissions should be to St. Finian's Hospital, Killarney,
where adequate facilities are in place for such admissions.

3. All nurses should be trained in Control and Restraint techniques.

4. An increase in nursing levels should be introduced, pending an overall
Service Review.
  • 5. The structural deficits for the reception and admission of Garda escorts
    of admissions should be addressed as soon as possible.

Management's Arguments

4. 1. Tralee General Hospital is the appropriate place to deal with Garda admissions.

2. Under Statutory Instrument No. 355 of 2002 the Minister for Health and Children designated the Acute Psychiatric Unit in Tralee General Hospital as a District Mental Hospital to serve the administrative county of Kerry.

3. The Board has committed itself to a full consultative process with all stakeholders in the development of a comprehensive mental health service.

4. Management must at all times show due regard to operating within available resources and ensuring that all these resources are used to their greatest effect.

5. The best practice admissions protocol for Garda admissions to the Acute Unit in Tralee supported by an ongoing audit is the best approach to managing such admissions effectively.

RECOMMENDATION:

It is noted that at conciliation, the Board put forward a proposal to recommence detailed local discussions on an agreed protocol for the admissions which are giving rise to this dispute.

In the Court's view this is the most appropriate mode of addressing the concerns articulated by the Union in its presentation to the hearing and the Court recommends that such local discussions should now commence without delay.

The Court further recommends that an audit of the system for such admissions should take place over a period of three months so as to identify difficulties arising for staff and the solution to those difficulties.

With regard to the other matters referred to by the Union, the Court recommends as follows:
  • That the physical changes required in the seclusion room be undertaken without delay.
  • That training should be provided in accordance with the accepted national standards.



Signed on behalf of the Labour Court



Kevin Duffy
20th January, 2003______________________
LW/LWDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.




 
 
 
 
 
 
 
 
 

Share this page

 
logo-sml
Links|About the Reform Programme|Accessibility|Privacy Policy|Disclaimer|Sitemap

Registered Address: Department of Business, Enterprise and Innovation, O'Brien Road, Carlow