INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
SIR PATRICK DUNS HOSPITAL
(REPRESENTED BY EAST COAST AREA HEALTH BOARD)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Appeal of Rights Commissioners Recommendation IR 15955/03/TB.
2. The worker concerned has been employed as a Care Assistant at Sir Patrick Duns Hospital, Dublin since 1997. In December 2001 complaints were made against her and she was suspended pending an investigation into the complaints. Following the investigation, it was recommended that the worker should not be assigned to Sir Patrick Duns Hospital nor work directly with patients. The worker was offered redeployment as a Catering Assistant at another hospital.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 15th April, 2004, as follows:
"I recommend that the respondent red circle the claimants care worker salary so that she would suffer no loss of wage in a move to catering assistant. I recommend that the claimant should accept the move."
The Union on behalf of the worker concerned appealed the recommendation to the Labour Court on the 21st May 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 24th November, 2004.
3. 1.The worker concerned wishes to continue working as a Care Assistant.
2. The worker believes that if she accepts the position offered she will never again be able to work with patients.
4. 1. The proposed redeployment will not result in any loss of earnings for the worker.
2. The Board must exercise its duty of care to its patients and accept the recommendations of the investigation team.
Having considered the views of the parties expressed in their oral and written submissions, the Court concurs with the findings and recommendation of the Rights Commissioner and accordingly upholds his recommendation.
Signed on behalf of the Labour Court
6th December, 2004______________________
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.