LCR23224

PARTIES:

DIVISION:

SUBJECT:

The breach of a WRC Agreement dated 31st March 2025.

BACKGROUND:

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 27th November 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 26th January 2026. 

RECOMMENDATION:

The dispute jointly referred to the Court relates to a breach of the WRC March 2025 Agreement and a lack of progress implementing the agreement. The agreement arose from a dispute between the parties on the HSE’S Pay and Numbers Strategy. The agreement sets out commitments under a number of areas, including recruitment, direct employment, reduction in agency staffing, maternity leave replacements and workforce planning. While the agreement did not contain deadlines for implementation of all its component parts, it did contain key milestones that both parties committed to meet. It is the Unions submission that Management have not complied with the agreement. Management dispute that and believe that they have complied.

Summary of the Unions Submission

 The Unions claim is for the following

• 1) A national process independently chaired, to oversee multi-annual workforce planning.
• 2) Immediate delegated authority to recruit to front-line managers-within funded post limit
• 3) Separate replacement budget and rostering arrangements for maternity leave cover.
• 4) Adherence to LCR 21900 regarding full implementation of the Framework on nurse staffing and skill mix; and
• 5) Commencement of a framework process to determine a model of safe staffing for all grades in the health services not covered by point four above.

The Union group submitted that there has been a lack of agreed workforce planning between the various elements of the Irish Public Health Services, and a lack of consultation with them. The Union group referenced LCR 21900 which states that the national roll-out of the Framework on Safe Staffing and Skill Mix Framework in Medical, Surgical care and Emergency Department areas in acute hospital settings should be implemented by 2021. This is an evidenced based process that sets minimum staffing levels. It also stated that the Employer should commit the necessary funding in the service plan for the implementation and going forward. This is not happening despite the Public Service Agreement committing to “the continued implementation of the Framework for Safe Staffing and Skill Mix”. This evidence-based approach is currently not available in respect of other frontline staff such as Health and Social Care staff, and this is an issue that needs be addressed. The Unions submitted that poor workforce planning based on the annual HSE stop-start approach had a negative impact on workforce supply and this was one of the things the WRC Agreement of March 2025 had sought to address.

The situation is exacerbated by the delay in filling vacancies. Authority to sanction the filling of posts is restricted to Regional Executive Officer (REO) level and delegated to Integrated Healthcare Area (IHA) level for funded posts. This is quite a bureaucratic process with seven levels of authority that contributes to delay in the recruitment of staff and can leave posts in critical areas unfilled for excessive periods of time.

The Union submitted that the non-replacement of maternity leave posts both paid and unpaid is a major concern and contributes to ongoing staff shortfalls that can affect service delivery. These absences are not currently recorded in the HSE census.

The lack of consultation on the Workforce plan and breach of WRC March 2025 Agreement which were made in response to the notice of industrial action set to commence on 30 March 2025, leaves the Unions with little or no confidence in Management’s ability to resolve the issues. Staff shortages in an area where demand is increasing, places undue responsibility on frontline staff, who are left to manage the resulting risk with insufficient staff. The Unions are seeking a multi annual workforce planning response under an independent chair which takes cognisance of Labour Court recommendations and government policies to ensure safe, sustainable and equitable staffing across the Health Service to meet current and future demands. 

Following the acceptance of the WRC March 2025 Agreement by the HSE and the Unions, two formal meetings took place. The Unions were concerned about the lack of focussed engagement and implementation by the Employer. After the meeting on 2 October 2025, the Unions referred the matter to the WRC. Despite three conciliation hearings the parties were unable to resolve their differences. The Unions are seeking a time bound process in advance of the April timeline for the estimates.

Summary of the Employers submission

The Employer noted that the issue before the Court was breach of the WRC March 2025 Agreement, and that some of the issues raised by the Union side were outside the scope of that agreement. They confirmed that the origin of the matter lies in the HSE Pay and Number Strategy (PNS) for Department of Health funded posts  which  determined that all vacancies on 31 December 2023 were no longer available but provided for the regularisation of 2,000 WTE temporary funded COVID 19 posts, along with regularisation of a further 2,000 unfunded posts at the end of 2023, equating to the regularisation of 4,000 posts. In addition, a further 3,310 WTE in new developments were secured and approved giving a total of 7,310 WTE in additional WTE for HSE delivered services. The Unions are seeking the reinstatement of those vacant posts.

The Employer submitted that the WRC March 2025 Agreement does not provide for the reinstatement of those posts. It provides for engagement and consultation on a number of issues which the HSE are complying with. The HSE commenced implementation of the WRC March 2025 Agreement upon confirmation of its acceptance by the Union side, and it was the subject of ongoing discussion at subsequent National Joint Council meetings. In their submission the Employer went through the various commitments in the WRC Agreement and set out the actions they had taken to date. The Employer noted that the opening statement of the WRC agreement notes the commitment to stable industrial relations utilising the existing NJC and Information and Consultation Forum and reiterated their commitment to providing information.

They stated that they believed they had made good progress on a number of the commitments contained in the document. Average recruitment times where no panel was in place were down to 16 -18 weeks and where a panel was in place were down to 6 to 8 weeks. They had also carried out a large number of agency conversions. The commitment in the WRC Agreement was to expedite the approval process to designated authorities. They noted the Union ask that there be further devolution to General Manager, Director of Nursing and Midwifery, CHN managers and Discipline managers and stated that they could not agree to that. It was their position that in July 2025 a further circular had issued setting out a three-stage process in the recruitment and on boarding process and that this would expedite the process.

The Employer pointed out that they were also agreeing to provide each JUMF (regional joint forums) with a common reporting suite of data at each meeting which will include WTE limit available to year end, census report for health regions, absence data, recruitment update to include a regional view of vacancies approved for filling, regional view of recruitment, and agency conversions status, regional view from the finance report of agency conversion status and regional view of maternity both paid and unpaid. In terms of the commitment to engage at NJC before the end of April in respect of the estimates process, the Employer believed they had provided relevant information to the Unions.

Management stated that they have actively sought to accelerate recruitment of permanent staff to ensure funded posts through retirement or resignation are filled, and to convert agency staff to permanent roles along with ensuring applications for maternity leave substitutions are reviewed and where appropriate approved, in order to commence process for recruitment for same. The HSE are committed to the continuing recruitment and retention of staff of all grades and implementation of the WRC Agreement.

Discussion and Recommendation

The referral to the Court is a breach of the WRC March 2025 Agreement. While noting the Employers position that items four and five of the Unions claims are not properly before it, it is the Courts view, that where it has issued a recommendation that has been accepted by the parties, it would expect compliance with same. In respect to point five it is open to the Unions to pursue such a claim through the normal internal IR processes.

The Court notes that the WRC March 2025 Agreement contains several short- and long-term commitments with the aim of ensuring adequate appropriate staffing when and where it is needed. In respect of the formulation of the  estimates process 2026 there is a commitment to carry out a time bound process, to have local consultative and collaborative engagement, for there to be engagement at the agreed National Forum, and for there to be consultation regarding the formulation of a draft workforce plan for consideration by the HSE in the submission to the estimates process, which was to conclude before end of April 2026. In its discussions with the parties the Court concluded that while information had been circulated, consultation in the manner prescribed had not occurred to date. The Court understands consultation to be the exchange of information to inform the decision making pertinent to the estimates process.

Due to the short time frame between now and the end of April 2026 and being conscious of the size of the NJC and the quantum of issues that go before it, the Court recommends that a small subgroup consisting of no more than five from each side be established. The Court believes two consultative meetings regarding the formulation of a draft workforce plan for consideration by the HSE should be achievable in this tight time frame. This process to be overseen by the independent WRC Chair of the NJC. To ensure observance of all relevant Union/ Management, WRC and Labour Court agreements, and to maximise the efficiency of the time available between now and April the HSE should ensure that their representatives on the committee are from the appropriate streams including policy and not limited to attendees at the NJC.

In respect of the commitments in the WRC March 2025 Agreement including the issues around conversions, promotions and maternity vacancies the Court recommends the establishment of a subcommittee of the NJC again with no more than five from each side to be chaired by the WRC Chair of the NJC. The purpose of the committee would be to have national oversight of the progress on the issues contained in the WRC March 2025 Agreement.  The Court notes the Managements commitment to provide a common reporting suite of data to the JUMFS at each meeting.  After being discussed at the JUMFs the data should be forwarded to the sub-committee of the NJC on a quarterly basis whose role will be to measure nationally the progress on each area set out in the WRC 30 March 2025 agreement.

The Court so recommends     

	Signed on behalf of the Labour Court
	Louise O'Donnell
AM	______________________
03 February 2026	Chairman

NOTE

Enquiries concerning this Recommendation should be in writing and addressed to Ms Áine Maunsell, Court Secretary.