FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH NURSES & MIDWIVES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Permanent posts in Cork University Hospital (CUH).
BACKGROUND:
2. The claim is that Nurses and Midwives on long-term temporary contracts should be provided with a mechanism to achieve permanency after one year's service. The Union suggests that the current situation is both unhelpful to Nurses/Midwives and challenging for Management as it has the potential for high staff turnover and diminution of frontline service to patients at CUH. Management claims that due to both the employment moratorium and budget reductions they are not in a position to concede the claim.
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 dispute was referred to the Labour Court on the 9th December, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 7th September, 2011.
UNION'S ARGUMENTS:
3. 1. The high percentage of Nurses and Midwives on temporary contracts in the Hospital is not in line with best practice. This is a cost and administrative neutral claim which would stabilise the working lives of over 300 staff.
2. There are over 200 existing Nurse/Midwife vacancies in CUH and there is scope for concession of this claim on a creative, imaginative and innovative basis.
EMPLOYER'S ARGUMENTS:
4. 1. CUH employs in excess of 3,000 staff and has an annual budget of nearly €300 million. The ongoing challenges faced by Management due to the moratorium on recruitment and budgetary reductions are significant. Therefore, there can be no automatic permanency for Staff Nurses or Midwifes after one year's service, at this time.
2. Frontline nursing services are provided through a mix of contractual arrangements such as permanent, temporary, fixed-term, relief and agency, all of which must fall within the approved budget. HSE South at all times gives regard to legislation such as the Protection of Employees (Fixed Term Work) Act 2003.
RECOMMENDATION:
On behalf of Staff Nurses and Staff Midwives employed on temporary contracts within Cork University Hospital, the Union sought automatic permanency after one year’s service.
Management stated that there is no automatic right to permanency for Staff Nurses and Staff Midwives after one year’s service in the Hospital, however, it assured the Union that at all times it fully complied with the terms of the Protection of Employees (Fixed-Term Work) Act, 2003. However, due to the Public Service Moratorium on Recruitment and Promotions 2009 - 2011, the Employment Control Framework 2011 and the significant budgetary constraints in the health service, it was not possible to accede to the Union’s claim.
The Union stated that in April 2010 Management committed to provide six-month renewals for temporary contracts for these grades, however, that has changed and contracts now provide for renewal after three months.
The Court has considered the oral and written submissions of both parties. The Court notes that there is no dispute that those members of staff who fulfil the criteria for appointment to contracts of indefinite duration are being complied with in accordance with the 2003 Act.
The Court accepts that in the current climate Management is constrained in terms of appointing Staff Nurses and Staff Midwives to permanent positions and accordingly does not recommend in favour of the Union’s claim. However, the Court recommends that Management should assist the situation by providing six-monthly contracts to temporary staff and should continue to monitor the staffing needs to ensure the requirements of the service are met.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th September, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.