Courts / Ireland / Report
Nurses take pay complaint against Crumlin Children's Hospital
2022-10-03
Hearing Or Decision
Summary
Crumlin Children's Hospital has been ordered to produce a collective agreement within three weeks to defend a mass pay complaint lodged by 60 theatre nurses. The workers, represented by Ibec, filed complaints under the Payment of Wages Act and the Organisation of Working Time Act against their employer, Children's Health Ireland at Crumlin. Adjudicating officer Brian Dalton presided over a hearing where four test cases were selected to act as precedent for the remaining 56 complainants. The dispute centres on rostering arrangements during a six-month statutory window, with the nurses alleging they worked excess hours and were not paid full public holiday and annual leave entitlements. The hospital contests these claims, denying any breach and arguing that entitlements should be calculated based on an average of working hours across a five-week period. Ibec employer relations executive Cáit Lynch stated the hospital was surprised by the case and relied on HSE guidance, though the adjudicator noted the hospital could not rely on such guidelines without specific evidence. The hospital also claimed a collective agreement with the Irish Nurses and Midwives Association governed the arrangements, but failed to produce the document. Mr Dalton granted the hospital three weeks to provide the agreement. The adjudicator closed the hearing and adjourned the matter, excusing the test case complainants from attending on the next date, which has yet to be set by the WRC.
Who, what, where, when and why
What: Report matter: Nurses take pay complaint against Crumlin Children's Hospital. Procedural stage: hearing_or_decision
When:
- 2022-10-03 Publication
Why: At the last hearing, the adjudicating officer noted, the hospital had stated that because the nurses' shift patterns varied, the correct method to calculate their entitlements was on the basis of an average of their working hours across a five-week period. CNI source report
Case subjects
Applicant
Outcome: The adjudicator closed the hearing and adjourned the matter, excusing the test case complainants from attending on the next date, which is has yet to be set by the WRC.
Places mentioned
- Crumlin Children's Hospital
- The hospital
Topics
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