The Labour Court has recommended that employees in the Health Service Executive should immediately cease their industrial action, which has paralysed financial administration of the organisation for the last three months.
In a recommendation issued this evening, Labour Court Chairman Kevin Duffy also says that health staff belonging to the IMPACT trade union should continue to enjoy guarantees of jobs for life contained in a Framework Agreement concluded in 2004 when the HSE was set up.
IMPACT had sought assurances that the Croke Park agreement on public sector pay and reform would not dilute those pre-existing guarantees of permanent job security granted to their members when they transferred from Health Boards to the HSE in 2004.
Mr Duffy indicated that the 2004 Framework Agreement would continue to have full force and effect unless and until it is terminated by agreement between management and the union.
He also noted that the terms of the 2004 deal could only be amended by a subsequent collective agreement binding both parties, including any agreement affecting the entire public service.
However, he acknowledged that certain provisions of the 2004 agreement would have to be adapted to be compatible with the Croke Park agreement if it is ratified.
Clauses requiring adaptation include those referring to location, the approach to change, recruitment and selection for appointment and promotion, education, training and development, the common recruitment pool, employment ceilings and outsourcing.
Mr Duffy recommends that the adaptations should be completed within a week.
Once adapted, the 2004 Framework would continue as a collective agreement with its status unaltered.
Mr Duffy has also recommended that the two sides should engage in a process to standardise terms and conditions for health staff across the public sector.
He defined those staff as those subject to the public sector pension levy and pay cuts legislation. That process should conclude by 30 September.
Labour Court intervention is welcomed
Minister for Health Mary Harney has welcomed the Labour Court intervention in the row.
She said she particularly welcomed the recommendation from Mr Duffy that staff should cease their action with immediate effect.
IMPACT has said it will accept the recommendation if the HSE agrees to abide by its terms.
National Secretary Kevin Callinan confirmed that the union's industrial action will cease once the HSE confirms acceptance of the Labour Court recommendation.
The HSE has welcomed the recomendation, particularly in relation to the lifting of the ban on dealing with vital administrative data.
It said it will now 'study the recommendation in detail'.
