FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST VINCENT'S UNIVERSITY HOSPITAL AND ST VINCENT'S HEALTHCARE GROUP LTD - AND - A WORKER (REPRESENTED BY IRISH NURSES MIDWIVES ORGANISATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Compensation
BACKGROUND:
2. This case concerns a dispute between the worker and her employer in relation to the worker being transferred from her position within the Hospital to a non-nursing role. The Union's position is that after raising concerns in her capacity as Manager of the Orthopaedic Trauma Unit of unsatisfactory progress following the relocation of the Unit, the worker was unilaterally removed from a position she held for many years. The Union contends that Management did not follow its own procedures in relation to the issues that it claims were a factor in the transfer. Management contends that the worker was transferred on the basis of concerns which were raised in relation to her performance as Manager of the Unit and following a visit of the Director of Nursing to the Unit. The Union strongly refutes that there were any performance issues raised to the worker at any time during her employment.
On the 24th February 2014, the worker referred the matter to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 23rd April 2014
UNION'S ARGUMENT:
3 1At no time were there ever any issues of performance raised to the worker during her employment. In fact the worker was promoted on a number of occasions. She was managing a Unit that had been moved to a new location and was attempting to raise concerns in relation to issues that she found unsatisfactory in relation to the new location. As soon as the worker raised these concerns to the Director of Nursing (DON) she was transferred from an area where she had great experience to a non-nursing role which was totally unsuitable to her experience and skill set.
MANAGEMENT'S ARGUMENT:
4 1 The Director of Nursing had serious concerns in relation to the attitude and lack of effective management on the part of the worker. During a visit of the Director of Nursing to the Unit it became clear that there were performance issues which necessitated the transfer of the worker to a different area of the Hospital.
RECOMMENDATION:
The Court finds it regrettable that Management objected to attending the Rights Commissioner Service in contravention of its normal disciplinary procedures and that the Claimant was left with no option but to process the matter under Section 20(1) of the Industrial Relations Act 1969.
Having considered the submissions of both parties in this case it seems clear to the Court that Management acted in a precipitous manner and in a way which fell far short of the standard of procedural fairness and natural justice as provided for within its own disciplinary procedures when it engaged in the following :-
- (i)removal of the Claimant from her duties on 21stJune 2013,
(ii)referral to an Occupational Health Assessment on 24thJune 2013 after one day’s absence,
(iii)making a reference in that referral to her ‘suitability and performance’,
(iv)failure to ensure that the recommended mediation was progressed to conclusion,
and
(v)in the filling of her post while the issue was in process.
In recommending a resolution to this case the Court is of the view that the mediation service referred to above should now be reactivated with a view to finding an appropriate role for the Claimant, commensurate with her experience and skills. This process should be completed within a period of eight weeks from the date of this Recommendation. Furthermore the Court is of the view that the Claimant should be compensated for the procedural shortcomings referred to above. Therefore the Court recommends that she should be paid compensation in the amount of €7,500 in full and final settlement of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th May 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.