INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
ST CONALS LETTERKENNY
(REPRESENTED BY HEALTH SERVICE EXECUTIVE, NORTH WESTERN AREA)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Appeal of Rights Commissioners Recommendation Ir16698/Ir16699.
2. The claim is for compensation for loss of earnings under the Castlerea Formula for two workers. The Union's case is as follows:-
Worker Awas appointed as Clinical Nurse Specialist as a Community Mental Health Nurse on the 18th of June, 2001, backdated to November, 1999. He had previously had a substantive post as Clinical Nurse Manager 1.
Worker Bhad a substantive post of Staff Nurse based at St. Conals Hospital. Following a period of sick leave she was requested by her line manager to work in the area of addiction counselling. She took up the duty in November, 1994. She was appointed Clinical Nurse Specialist in addiction counselling on the 21st May, 2001.
The Union lodged claims for the Castlerea Formula to apply to the two workers but these were rejected by management. The claim was referred to a Rights Commissioner and his recommendation was as follows:-
"I do not recommend in favour of the Union claim".
The Union appealed the recommendation to the Labour Court on the 14th of June, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 14th of October, 2005, in Donegal, the earliest date suitable to the parties.
3. 1. Management rejects the claim on behalf of Worker A on the basis that he sought the post on promotion. However, at a meeting between the parties on the 20th of February, 2001, management stated that the Castlerea Formula would apply to promoted grades.
2. In the case of Worker B she was requested by her line manager to work in the area of addiction counselling for which she had acquired a qualification. A letter dated 16th of October, 2001, stated that application of the Castlerea Formula would be considered when she was appointed to her new position.
3. The two workers are the only two individuals who have moved to the community on a permanent basis working Monday to Friday who have not received compensation.
2. 1. The Castlerea Formula does not apply to either claimant. Worker A was transferred temporarily onpromotion to the post of Acting Community Nurse before his retirement in 2003. He was in receipt of a Community Allowance and an Acting Allowance.
2. Worker B's assignment to the addiction services was also temporary and was to facilitate her return to work following sick leave when she was unable to return to her substantive post.
The net question for consideration by the Court is whether the claimants were required to relocate into Community Care or whether they did so voluntarily.
The Court is satisfied that Worker A opted to transfer on a promotional basis to Community Care. Hence, in his case the Castlerea Formula is not applicable.
In the case of Worker B the position is different. It is clear from the letter sent to Worker B by her Director of Nursing, dated 16th October, 2001, that she was being allocated to a post which required her to adjust her working time to a normal five day week. In these circumstances the Castlerea Formula is applicable.
It is the decision of the Court that Worker A is not entitled to the benefit of the Castlerea Formula but that it should be applied to Worker B.
The Rights Commissioner recommendation is varied accordingly.
Signed on behalf of the Labour Court
28th October, 2005______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.