FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : EASTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR143/00/CW.
BACKGROUND:
2. The Union submitted a compensation claim for loss of Sunday working on behalf of a worker who is employed at St. Ita's Hospital, Portrane, as a Senior Occupational Therapist. It claims that colleagues of the worker in the Southern Health Board are rostered for Sunday work. The Union also claims that a letter issued in October, 1980 by the Eastern Health Board allowed him to work Sundays.
Management rejected the claim and stated that there was no comparison with anyone working either in the Southern Health Board or the Eastern Health Board. It also pointed out that the duties of a Senior Occupational Therapist are on a Monday to Friday basis.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 20th of March, 2000. The following is the Rights Commissioner's Recommendation:-
"I do not accept that the worker has been unfairly deprived of Sunday duty. He made a choice in accepting a Senior Occupation Therapist position. I am not convinced that the letter of October, 1980 specifically applies to the worker. The letter does not refer to Senior Occupational Therapist, but rather to psychiatric nurses engaged in Occupational Therapist's duties."
The Union appealed the Recommendation to the Labour Court on the 20th of March, 2000, in accordance with Section 13 (9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20th July, 2000.
UNION'S ARGUMENTS:
3. 1. The worker should be compensated for the loss of Sunday work. Colleagues of his are rostered for this work.
2. A letter was issued by the Eastern Health Board (now Eastern Regional Health Authority) in 1980, which sanctioned Sunday work for those engaged in Occupational Therapy.
3. The worker has been discriminated against and this discrimination has affected his earnings and also his pension entitlements.
MANAGEMENT'S ARGUMENTS:
4. 1. The worker accepted an appointment as a Senior Occupational Therapist on the basis that he was no longer a psychiatric nurse.
2. The comparison to the Southern Health Board is not a relevant comparison to draw in pursuit of this claim.
3. The duties of the claimant as Senior Occupational Therapist are on a Monday to Friday basis.
4. The worker accepted his new position on the basis that he was no longer performing the duties of a psychiatric nurse.
DECISION:
The Court has given consideration to both sides of this appeal. The Court is satisfied that the appellant is no longer operating as a psychiatric nurse but as a full time occupational therapist. As Sunday working does not apply to that grade, his claim for compensation fails.
The Court upholds the Rights Commissioner's recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
31 July, 2000.______________________
LW/BCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.