FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH NURSES' AND MIDWIVES' ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Filling of Director of Nursing positions.
BACKGROUND:
2. The Director of Nursing is responsible for the overall management of the Community /Hospital and their onerous obligations are set out in the Health Act 2007. On 20th May 2010 the Union lodged a formal claim on the HSE South to fill the then 9 vacant Director of Nursing posts in Cork City and County. The Union has requested the HSE South to seek formal appointment and regularisation of the 9 posts and by agreement a further 5 posts were added to the claim which have arisen since February 2012 also within Cork City and County. Management claims that the posts are fully encompassed by the review of governance structures and that it will reflect the evolving service demands.
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 1st November, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th March, 2012.
UNION'S ARGUMENTS:
3. 1. The Employment Control Framework does not veto the hiring of Directors of Nursing. It says in 6.1:" The provisions for exceptions from therecruitment moratorium shall be kept to the absolute minimum".There have been a number of appointments at this grade level in HSE during the lifetime of this claim.
2. The posts can be filled on a cost-neutral basis through regularisation as this would comply with the terms of the Public Service Agreement.
EMPLOYER'S ARGUMENTS:
4. 1. The general moratorium on recruitment, promotion and payment of acting up allowances does not include an exemption for nursing grades. Good standards of nursing care are in place and all the posts are filled albeit on an acting basis.
RECOMMENDATION:
The Union sought the filling on a permanent basis of 14 Director of Nursing posts in Cork City and County. It stated that some of the posts had been occupied by persons in an acting role for lengthy periods of time and sought “regularisation” of the posts. While a number of the acting posts have only been in place since the commencement of 2012, some have been since 2008.
HSE South Management stated that it was satisfied that the current nurse management structures are appropriate and in line with the service needs of the area. Furthermore, HSE South Management informed the Court that a comprehensive review of management structures was ongoing as part of the HSE Service Plan 2012, under the auspices of the Public Service Agreement 2010 – 2014, to transform and modernise the health services by facilitating a reduction in staff numbers, increasing efficiency and productivity, reducing costs and improving quality. This process will involve a reconfiguration of Community Hospitals which will critically examine all nurse management vacancies and in that regard HSE South Management submitted that the posts which are the subject-matter of this claim are fully encompassed by the review of governance structures in this area and therefore it would be inappropriate to make these posts permanent without having regard to the evolving service demands of the area.
The Union was critical of the ongoing process, stating that it lacked a cohesive consultation process and it was fearful that HSE South Management intended to abandon the current nurse management structure.
Having considered the submissions of both parties the Court is of the view that the claim before the Court must be deliberated upon within the overall context of the ongoing comprehensive review of management structures and cannot simply be adjudicated upon as a “regularisation” of long-term acting posts. In any event the Court notes that the national talks on “regularisation” of long-term acting posts never encompassed either Assistant Director of Nursing or Director of Nursing grades.
In all the circumstances, the Court recommends that this claim should form part of the ongoing comprehensive review of management structures’ consultation and negotiation process and both parties should fully co-operate with that process in line with the terms of the Public Service Agreement 2010 – 2014 and should be completed by no later than the end of 2012. The Court recommends that the engagement process should be conducted in a cohesive and focused manner to address all issues arising, including the concerns raised by the Union.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th April, 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.