INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
HSE AMBULANCE SERVICE
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal of Recommendation of a Rights Commissioner R-048523-Ir-06/POB.
2. The Worker concerned is an Emergency Medical Technician, currently assigned to South Tipperary Ambulance Service. The Worker claims that on his successful appointment to Leading Emergency Medical Technician (LEMT), following a national competition, he was offered the post of LEMT in Cashel Ambulance Service. The Worker believes that he should have been offered one of 2 upgraded LEMT positions in Clonmel Ambulance Station.
At the time the national panel was created, in April 2006, there was also another panel in existence, a specific Clonmel panel. The Employer stated that it is normal practice for people on existing panels to take precedence over newly formed panels.
The issued was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 10th July, 2008, and recommended that
... " existing live local panels should be given preference over the national panel formed and the vacancies should be filled accordingly."
The Worker appealed the recommendation to the Labour Court on the 17th July, 2008, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 14th October, 2008.
3. 1. The Union maintains that the Worker received a letter confirming his third place on the national panel for 15 LEMT positions in the South East.
2. The Union claims that at no stage of the competition was it stated that a previous panel would be used to fill any of the 15 vacancies.
3. The Union contends that a letter sent to the Rights Commissioner, signed by the signatories to the 2007 Agreement stating their intention was in total contrast to the signed agreement by both parties.
4. 1. Management's position is that the HSE acted in accordance with long established practices for recruitment in attempting to fill the vacant LEMT post in Clonmel.
2. Management maintains that it has honoured its commitments to the new National LEMT panel by offering positions in order of merit to those successful candidates, in order of their own preferences.
3. The Rights Commissioner conferred with both the head of SIPTU and the National Ambulance Service, both of whom confirmed that the HSE position was correct.
The Court is satisfied that the HSE acted properly and in accordance with the intention of the parties to a national agreement on the filling of posts from panels of the type at issue in this case. This was confirmed in correspondence from the signatories of the national agreement to the Rights Commissioner. A copy of this correspondence was furnished to the Court.
In these circumstances the Court does not see any basis upon which it could hold that the Rights Commissioner erred in his Recommendation. Accordingly, the Recommendation of the Rights Commissioner is affirmed and the Union's claim is disallowed.
Signed on behalf of the Labour Court
30th October, 2008.______________________
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.