Psychiatric nurses compensated over unfair work roster

Four psychiatric nurses who claimed their work shifts discriminated against their family life have been awarded €5,000 compensation each, the Equality Tribunal ruled.

The women, who work for the North West Region of the HSE, accused their employer of indirectly discriminating against the on the grounds of gender, martial status and family status.

The psychiatric nurses claimed the HSE insisted they work a roster requiring them to work seven consecutive days in a row and on occasions 13 out of 16 days, with the result that they were away from home for 13-13.5 hours per day for continuous periods.

Tara O’Donnell, Jacqueline Stewart, Joanne McTeigue and Margaret McKenna said the roster impacted more heavily on them as females than on nurses of the opposite sex, and also impacted more heavily on them as mothers than on nurses who do not have family commitments.

The HSE accepted the roster may include long tours of duty, but said discussions were ongoing with the PNA and SIPTU regarding implementing new working arrangements since 2002 and that it was quite prepared to change the rostering arrangements.

Ordering the immediate implementation of a new roster, the Equality Tribunal found that maintaining the existing roster was not objectively justified and the roster indirectly discriminated against the complainants on the gender and family status grounds.

The HSE Northern Area was also ordered to pay 10,000 euro compensation to a public health nurse who had seven months off work with an injured hand in 2003.

Despite the woman being deemed fit to return to work to carry out light duties eight weeks after her accident, the HSE refused her permission to work in the same post. Four months into her time off she was placed on half pay.

The nurse argued she was discriminated against on disability grounds in being refused permission to resume work and being placed on half pay.

Finding the HSE did discriminate against the nurse, it was also ordered to place her on full pay with effect from the date on which her salary was reduced by half and make arrangements for the nurse to pursue a course which she had been unable to do while on continuing sick leave.