INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
ARAS MHUIRE NURSING HOME, LISTOWEL
- AND -
IRISH NURSES ORGANISATION
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Pay Increases .
2. This case concerns a dispute between management at the Aras Mhuire Nursing Home, Listowel, Co Kerry and the Union in relation to the application of pay rates that apply to nurses in the public sector. The Union is seeking that nurses employed at the home be paid the same rates of pay as their public service comparators.
Management's position is that seeking a wage increase is a valid claim but that a lack of funding from the Health Service Executive (HSE) has prevented payment of the
The 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 agreement was not reached the matter was referred to the Labour Court on 31st January, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 5th December, 2006 the earliest date suitable to the parties.
3 1. Nurses employed at the facility have long service and have upskilled in order to meet the needs of the organisation. It is unacceptable that they are paid much lower rates of pay than their public service comparators. The claim presented by the Union is extremely fair as it is the commitment of these nurses that has made the facility the success it has become.
4 1. It is accepted that the claim for an increase is a valid one. Management are unable to sustain the additional costs of the increases as it is unable to secure any additional funding from the HSE.
The Court acknowledges that the claim for parity of pay and related conditions of employment with nurses in the public sector is well founded. The Court also accepts that the financial circumstances of the employer precludes it from conceding the claim at this time.
The Court recommends that the parties agree in principle that the rate of pay and other conditions associated with this claim be brought into line with the public service. An agreed timescale for full implementation of parity should be determined between the parties which would not exceed six months from the date of this Recommendation.
In the interim both parties should make representations to the appropriate authorities to obtain the necessary funding to allow this recommendation to be implemented.
Signed on behalf of the Labour Court
22nd December 2006______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.