INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
HSE NORTHERN AREA
- AND -
(REPRESENTED BY PSYCHIATRIC NURSES ASSOC.)
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal of Rights Commissioner's Recommendation R-033186-IR-05-DI
2. The case before the Court is an appeal by the Union of Rights Commissioners Recommendation R-033186-IR-05-DI. The dispute centres around a Clinical Nurse Manager who has been employed in St Francis Day Hospital in Raheny since 1989. The service is a mental health facility encompassed by St Ita's Mental Health Service. In October 2004, the employee in question was informed that she would be transferred within the community to Coolock Day Care Centre (approximately 8 km from her current position) in line with the needs of the service to ensure the professional and managerial competence of its staff. The Union sought that the worker be allowed remain in her current position on a personal to holder basis.
The dispute could not be resolved at local level and was referred to a Rights Commissioner for investigation and recommendation. His Recommendation issued on the 7th September as follows:
"While I fully understand the worker's grievance at being transferred from a post, that she believed provided security of location after16 years of excellent service, I also recognise Managements's need to rotate staff to meet service and developmental needs. The Union has argued that there was no agreeement on rotational policy however, six of the worker's colleagues have complied with Managements instructions to transfer to new locations. Having considered the submissions made by the parties I find against the complaint that she remain in her post in Raheny on a personal to holder basis."
The worker was named in the Rights Commissioner's Recommendation.
On the 27th September 2005, the Union appealed the Recommendation of the Rights Commisioner in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court Hearing took place on 7th December 2005.
3. 1. The worker in question transferred to St Francis Day Hospital in 1989 and has worked there since then. At the time of transfer there was no indication that the tranfer was not of a permanent nature.
2. Agreement was reached in 1989 relating to rotation but this did not apply to Community based staff. Rotation was initiated in for Community based staff in 2004.
3. The worker in question will retire in five years. It is unfair that this role be subject to rotation for the first time in 27 years. It is reasonable for the worker to be left in her current postion on a personal to holder basis.
4. 1. Management reserve the right to rotate within the Community to ensure that the needs of the service are adequately met.
2. In 1989, there was no assurance given that the role in that location would be of a permanent nature. Rotation has existed in the service since 1989.
- 3. The service make every endeavour to facilitate staff when rotating within the community. In this case the worker in question is being transferred to another hospital which is less than 8 Kilometres away from her current loation.
Having considered all aspects of the Apellant's appeal of the Rights Commissioner's Recommendation, the Court concurs with the findings and Recommendation of the Right's Commissioner's and upholds his Recommendation.
Accordingly, the Appellant's appeal is dismissed.
The Court so decides.
Signed on behalf of the Labour Court
9th January 2006______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.