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News Update No. 51 - Haddington Road Agreement - Ongoing Implementation 05-11-13

 

Dear Colleague, 

As previously advised, the INMO has sought clarification on the ongoing implementation of certain aspects of the Haddington Road Agreement from the HSE.  In this regard I am asking that you would note the following:

1.         Double Time/Overtime

The INMO is pleased to confirm that the arguments that have been made by the Organisation, have been accepted and DOUBLE TIME OVERTIME will continue AFTER MIDNIGHT as heretofore

2.         Senior Staff Nurse/Midwife

(i)  It is has now been confirmed that Senior Staff Nurses/Midwives, when requested to act up under the new regime, that any acting will only apply to their ward area.

(ii)  In addition, the pension entitlements for those that are appointed to the Senior Staff Nurse/Midwife scale, if they retire within three years of being appointed, has been confirmed as not being subject to the averaging rule.

Implication:

The averaging rule, if promoted within three years of retirement, allows for salary earned, in the three years prior to retirement, to be averaged, for pension purposes.
The INMO had consistently argued that this should not apply to the Senior Staff Nurse/Midwife as it is not a promotional post.
The averaging rule if applied e.g. to a Staff Nurse/Midwife appointed to Senior Staff Nurse/Midwife one year prior to retirement, would result in that members pension being based on:          

Staff Nurse/Midwife x 2 years:   €43,800 LSI

                                                 € 43,800 LSI

+Senior Staff Nurse/Midwife x 1 year         € 45,954 (SSN)          

                                                                   €133,554 divided by 3 = €44,518*
 

*AS A RESULT OF INMO INTERVENTION, PENSION BENEFITS WILL NOW BE BASED ON THE SSN SALARY OF €45,954.

In summary the Senior Staff Nurse is not considered a promotional post.  Therefore the calculation of pension benefits will be based on the retirement salary of the Senior Staff Nurse and premium pay, i.e. the best three years in the last ten.  This is a positive outcome and welcomed by the INMO.

3.         Regularisation of Acting Up

The INMO continues to make representations regarding those who have been acting and who are likely to retire within three years of being appointed to the post.  There is confirmation, from the Department of the Environment,  that the government’s legal advice indicates that the averaging rule cannot be applied to those that have been acting in the three years prior to retirement if subsequently promoted into the acting up position.  It is effectively deemed that the person has been in the same grade for his/her relevant period.  The INMO is using this clarification, from the Department of the Environment, to argue this point with the HSE.

Satisfactory clarification has not been obtained, to date, in respect of this matter.  However when it is obtained we will immediately notify all members.

The HSE is continuing to insist that the regularisation of acting, with the new process for acting, will be applied from 1st October 2013.  The INMO has sought that the appropriate date should be 1st July 2013 and we continue to hold this position.  A further update will also issue pending further developments on this issue.

4.     Annual Leave and Parental Leave -  Implications of Increased Working Hours

Calculation of hours for annual/parental leave purposes has now been clarified and members should ensure their entitlements are correct.  This clarification confirms, for example:

  •  a member who works a 37.5 hour week and gets 25 days annual leave per year is entitled to 187.5 hours per annum e.g. 25 (annual leave days) x 7.5 (hours);
  • from 1st July 2013 a member is required to work 39 hours per week, under the Haddington Road agreement, their annual leave entitlement shall be adjusted to 195 hours per annum e.g. 25 (annual leave days) x 7.8 (hours); and
  • if a member retains their pre-July 2013 working hours, their annual leave will be adjusted on a pro rata basis to the new WTE working hours.

5.         Summary

Issues relating to working hours and the adjustment to annual leave, overtime rates, the obligations to act for senior staff nurses and the implications for their pension, were they to retire within three years of obtaining the grade, are now clarified satisfactorily.

Please see the this clarification document from the HSE.  If you have any questions in respect of this please do not hesitate to contact your Industrial Relations Officer or head office.

Thank you for your attention to this update and please bring it to the notice of members in your workplace.

Yours sincerely

LIAM DORAN
General Secretary

 
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