FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - IRISH NURSES ORGAINISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Payment Of Responsibility Allowance For Public Health Nurses Working On Off-Shore Islands Where There Is No Medical Practitioner.
BACKGROUND:
2. The Union's claim is for a Dual Responsibility Allowance with retrospection for Public Health Nurses (PHN) working on the off shore Islands of the Western seaboard which have no medical practitioner. The Union argues that the responsibilities of these nurses is exceptional as they have no other medical or health care personnel as backup, particularly for emergencies. In response to the claim Management made a significant offer in 2003 for the PHN's concerned being 'on call'. The Theatre Nurse rate of on-call is being implemented. Management believe this to be a fair and reasonable offer.
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 could not be reached, the dispute was referred to the Labour Court on the 17th October, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th April, 2008.
UNION'S ARGUMENTS:
3. 1 It is exceptional for a nurse at any level to work without support with critically ill patients without the diagnosis of a Medical Practitioner. The responsibilities undertaken by the island PHN's where there is no General Practitioner is in excess of that expected from an Advanced Nurse Practitioner. In these circumstances the claim for a Dual Responsibility Allowance is minimal.
2 The contracted hours of all PHN's is 39 hours per week. Island PHN's are providing for the health needs of the islands on a twenty-four hour basis, 365 days per year. The HSE have recognised the exceptional circumstances of Island PHN's and indemnify the Island PHN's separately from other PHN's.
3 The Island PHN's involved are not in receipt of equitable conditions with their mainland counterparts and concession of the Union's claim would recognise their unique position.
COMPANY'S ARGUMENTS:
4. 1 Management have put in place the payment of on-call rates for Island PHN's. This on-call rate is Theatre Nurse rate and is deemed reasonable. Management cannot accept the payment of a Dual Responsibility Allowance.
2 The claim is cost increasing and as such is precluded. Management are not in a position to meet any further expense in relation to this claim and have to meet budgetry constraints.
3 It is Management's intention to radically review the arrangements for Islands, to consult the INO, as per Towards 2016 and other parties, as to the appropriate mechanisms for providing services to the Islands
RECOMMENDATION:
The Court is satisfied that the Union's claim is a minor claim and is not precluded by the stabilisation clause of the pay agreement associated with Towards 2016.
The Court is satisfied that in the exceptional circumstances of this case the Unions claim has some merit. The Court believes that the claim should be met by the payment of a special allowance of €2,000 p.a. to PHN's working on Islands where there is no GP service. This allowance should be increased in line with increases in basis pay and should be pensionable. The effective date for the allowance should be 1st January, 2008.
The Court recommends accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
2nd May, 2008______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.