INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY IRISH NURSES' AND MIDWIVES' ORGANISATION)
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr McCarthy
1. Compensation for the non-adherence to a National Agreement.
2. The case concerns a claim by the Worker for redress of 396 hours which she claims are due to her because the Employer refused to grant her access to a 37.5 hour week from June 2008 to July 2013.
The Employer's position is that the reduction of hours from 39 to 37.5 per week had to be implemented on a cost neutral basis. As agreement was not reached with the Trade Unions in the area where the Claimant works, the working hours were not reduced.
On the 10th June 2014 the INMO referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 26th February 2015.
3. 1. The Worker is a Community Mental Health Nurse and has 37 years’ service.
2. She is a recognisable beneficiary under the spirit and intention of the settlement of the national dispute which implemented the 37.5 hour week.
3. The fact that the HSE (South) has refused to engage on the claim is a breach of its own grievance procedure and Section 2.8 of the Croke Park Agreement and the Haddington Road Agreement.
4. 1. In 2008 following national discussions the recommendation put forward by the National Implementation Body (NIB) in regard to proposals for the implementation of the 37.5 hour week for nurses and midwives were accepted by the INMO and the Psychiatric Nurses Association (PNA) on June 1stof that year.
2. In instances where a particular service did not have full agreement on revised rosters it was the normal practice that the status quo i.e. the 39-hour working week would continue to apply until full agreement was reached, if at all. With specific regard for the service area where the claimant is based, agreement was not reached between Management and the PNA and SIPTU as the Trade Unions with negotiating rights for the Psychiatric Nurse grades.
3. The claim lodged by the INMO to the Court on behalf of its member is cost-increasing and is therefore precluded under the terms of the Public Service Stability Agreement 2013 -2016.
Having carefully considered the submissions of both parties to this dispute the Court notes that the Claimant’s terms and conditions of employment are determined by way of collective agreement concluded with the recognised trade unions in the employment. The Court further notes that no agreement has been reached between those unions and the HSE regarding the manner in which staff employed in that location should transition to a 37.5 hour week. If and when such an agreement is concluded the Claimant should be encompassed within its terms. Unless and until then the Court does not recommend concession of the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
11th March, 2015Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.