LCR22545

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

MERCY UNIVERSITY HOSPITAL

- AND -

WORKERS
(REPRESENTED BY INMO)

DIVISION :

SUBJECT:

1. Banding/Rates of Pay for Senior Nurse Managers.

BACKGROUND:

2. 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 6 September 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in a virtual courtroom on 15 December 2021.

UNION’S ARGUMENTS:

3. 1. The Union argues that the criteria is set out in Circular 26/97 which determines the rates of pay for Senior Nurse Managers.

2. The Union states the Employer and the HSE agreed, through conciliation, that the criteria for Band 1 rate of pay is met, and that Senior Nurse Managers are correctly remunerated at Band 1 rate.

3. The union request the Court to issue a recommendation that the Senior Nurse managers are appropriately remunerated at Band 1 rate of pay, and should continue to be in the future, pending any national changes in the banding structures of Senior Nurse Management pay.

EMPLOYER'S ARGUMENTS:

4. 1. The Employer agrees that the Director of Nursing (DON) and the Assistant Director of Nursing (ADON) should be paid on the Band 1 pay scale as the Employer's hospital clearly meets the criteria of a Band 1 Hospital.

2. The Employer states there is an existing precedent and a willingness to red circle existing DON and ADON employees and pay their salaries and pension benefits at the Band 1 pay scale.

3. The Employer states that it is not within the gift of the Employer going forward to pay the new entrant DON and ADON's on a permanent basis on the Band 1 pay scale. The Employer is prohibited by virtue of the clear instruction set out in the Department of Health's communication of February 2021.

RECOMMENDATION :

Background to the Referral

The issue referred to the Court pursuant to section 26(1) of the Industrial Relations Act 1990 relates to the remuneration of Senior Nurse Managers (Director of Nursing and Assistant Directors of Nursing) employed by Mercy University Hospital Cork (‘MUH’).

This category of staff has been remunerated since 1998 at Band 1 of the Public Health Service scales set out in Circular 26/97. It appears that the Department of Health queried the Band 1 status of MUH with the result that certain Senior Nurse Manager posts that have become available since September 2017 have been advertised at Band 2.

Submissions

The Court received very detailed written submissions from both the Union and MUH setting out their engagement at local level and with the Health Service Executive (‘the HSE’) in relation to the issue which is the subject of this referral.

It is apparent to the Court, having carefully considered the Parties’ written submissions and their verbal replies to the Court’s questions, that no “trade dispute”, as defined in section 8 the Industrial Relations Act 1990, exists between the Parties present at the hearing of the within matter.

There can be no doubt but that the Parties themselves, and the HSE also, are fully ad idem in relation to the issue in question i.e. the Union, MUH and the HSE each agree that the cohort of Senior Nurse Managers at MUH are properly remunerated at Band 1.

Accordingly, the Court finds that there is no trade dispute in being between the Parties to this referral and that, therefore, the matter is not properly before the Court.

The Court so recommends.

NOTE

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