Labour Court Database
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File Number: CD87583
Case Number: LCR11520
Section / Act: S67
Parties: NORTH INFIRMARY HOSPITAL - and - INO
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Subject:
Claim for retrospective payment of premium rates to former student nurses.
Recommendation:
5. The Court, having considered the submissions from both parties
recommends concession of the claim.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD87583 THE LABOUR COURT LCR11520
CC871014 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11520
Parties: NORTH INFIRMARY HOSPITAL, CORK
(Represented by the Federated Union of Employers)
and
IRISH NURSES ORGANISATION (I.N.O.)
Subject:
1. Claim for retrospective payment of premium rates to former
student nurses.
Background:
2. A 1980 Department of Health circular provided for certain
premium payments to general trained nurses. The circular made no
reference to student nurses and no premium was applied in their
case. In 1985 the I.N.O. claimed that such premium payments
should be applied in the case of students and, following
discussions, the claim was conceded with effect from 15th April,
1986. No retrospective payment was made. The Union sought such
retrospection from November 1980 to April, 1986 to all nurses in
training during that period. The Hospital made an application to
the Department of Health for a supplementary grant to cover the
cost of such retrospective payments. However, no funds were made
available. The matter was referred, on 12th June, 1987, to the
conciliation service of the Labour Court. No progress was
possible at a conciliation conference held on 21st July, 1987 and
the matter was referred to a full hearing of the Labour Court.
The hearing took place on 20th October, 1987, in Cork.
Union's arguments:
3. (i) The Union is seeking retrospective premium payments to
all student nurses who were in training between
November, 1980 and April, 1986. The validity of the
claim is indicated by the fact that the Hospital is now
paying premium rates to student nurses. The Union
estimates that, at present pay rates, retrospection
would amount to approximately #410 per year.
(ii) The Hospital was entitled, since 1980, to claim full
reimbursement from the Department of Health for payment
of premium rates to student nurses. Such payments were
made in other hospitals. The Union does not accept
that the Hospital was not aware of these facts.
Hospital's argument:
4. The Hospital made an application to the Department of Health
for funds to cover this claim. The Department has indicated that
no funds are available for this purpose. It is estimated that the
cost of conceding the claim would be #36,000. The Hospital, in
the circumstances, is unable to meet this cost.
RECOMMENDATION:
5. The Court, having considered the submissions from both parties
recommends concession of the claim.
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Signed on behalf of the Labour Court
Evelyn Owens
10th November, 1987 -------------
A.K./U.S. Deputy Chairman