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FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE CAVAN/MONAGHAN
- AND - 10 NURSES (REPRESENTED BY PSYCHIATRIC NURSES ASSOCIATION AND IRISH NURSES AND MIDWIVES ORGANISATION) DIVISION : Chairman: Mr Haugh Employer Member: Ms Connolly Worker Member: Mr McCarthy |
1. Payment of location allowance to Nurses working in Annalee View House, Cootehill, Co. Cavan.
BACKGROUND:
2. This dispute relates to a claim for payment of a Location Allowance to up to ten nurses who work or have worked at Annalee View House, Cootehill, Cavan.
The Unions said that the nurses meet the criteria to attract the payment of a location allowance.
The employer said that the unit does not meet the requirements in order to have the allowance paid.
This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As an agreement was not reached, the dispute was referred to the Labour Court on 20 January 2020, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
RECOMMENDATION :
Background to the Dispute
This dispute relates to a claim for payment of a Location Allowance to up to ten nurses who work or have worked at Annalee View House, Cootehill. County Cavan. Annalee View House provides twenty-four-hour respite care to persons with a disability. The Location Allowance the Unions are seeking (with retrospection) for their Members at Annalee was introduced at a national level in 1999 as an incentive to recruit and retain nurses in certain specialist areas, including that of Intellectual Disability (‘ID’) Services. The relevant collective agreement provides that the Allowance is payable to nurses working in an ID service where 75% or more of the clients accessing that service have a severe or profound intellectual disability.
Recommendation
This matter came before the Court under section 26(1) of the Industrial Relations Act 1990. Having carefully considered the Parties’ written and verbal submissions, the Court is of the view that there is considerable disagreement between the Parties in relation to key matters of fact and in relation to the appropriate metrics to be applied in the resolution of those factual disagreements.
Having regard to the foregoing, the Court recommends that the Parties would benefit from further engagement with the assistance of the Conciliation Service of the Workplace Relations Commission Service. The Court remains available to assist the Parties thereafter, if necessary.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
H.M. ______________________
19 March 2020 Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Heather Murray, Court Secretary.