Labour Court Database __________________________________________________________________________________ File Number: CD86749 Case Number: AD8694 Section / Act: S13(9) Parties: ST. AUGUSTINES SCHOOL - and - FWUI |
Appeal against a Rights Commissioner's Recommendation No. BC84/86 concerning the selection of a member of staff for redeployment by St. Augustine's School
Recommendation:
5. Having considered the circumstances in this case the Court is
satisfied that the school having decided to change its facility
from an infirmary to a health centre quite properly consulted with
the two employees most directly concerned. During these
consultations they seem, however unintentionally to have misled
the childrens nurse into the belief that her qualifications were
acceptable for the new post, in which case of course her seniority
would have been the deciding factor. It is also clear to the
Court that this was the clear impression gained by the Rights
Commissioner in arriving at his Recommendation.
What has eventually become clear is the fact that, given the
function of the new health centre, the fully qualified nurse was
the person properly required to fill the post and indeed given the
nature of the duties involved the school had no option but to
appoint her.
For this reason the Court is of the opinion that the appeal by the
school against the Rights Commissioners recommendation should be
upheld.
The Court however is also of the view, the worker in this case has
been caused a good deal of concern and disappointment arising in
part from the employers approach to the change and in part from
some loss of her professional status as a childrens nurse, which
should she decide to continue in the alternative work offered,
would warrant monetary compensation to the amount of #500.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD86749 THE LABOUR COURT AD94/86
Section 13(9) INDUSTRIAL RELATIONS ACTS, 1969
APPEAL DECISION NO. 94 OF 1986
Parties: ST. AUGUSTINE'S SCHOOL
and
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Appeal against a Rights Commissioner's Recommendation No.
BC84/86 concerning the selection of a member of staff for
redeployment by St. Augustine's School
Background:
2. The worker concerned commenced employment with St. Augustine's
School in 1968. She holds a sick childrens nurse qualification
which means that she has been trained to care for children up to
14 years of age. Up to this year she had been primarily employed
in the School's medical centre which formerly operated with two
nurses working on a rotational shift basis. Management decided,
that because of changing circumstances in the school, to review
the health care practice of its students. It was decided to close
the medical centre and open a health care office which would
operate Monday to Friday, 9.00 a.m. to 6.00 p.m. It was also
decided that only one person would be required to work in the
health care office and the other would be assigned to other
duties. Management met with the two people concerned to discuss
the new arrangements. Following the meeting, management decided
to transfer the worker concerned to the child care area, and place
the other nurse in charge of the health care office. A dispute
arose between the worker concerned and management over the
proposed transfer. The issue was referred to a Rights
Commissioner. On 18th September, 1986, the Rights Commissioner
issued the following recommendation.
"As a first approach the Authorities should, following
consulation with the two nurses, construct a rota which
would result in each alternating between the two
centres. In the event of this not being practicable,
then I recommend that the worker concerned should be
redeployed on a permanent basis to the Health Care
Office."
On 23rd September, 1986 Management appealed the Recommendation to
the Labour Court under Section 13(9) Industrial Relations Act,
1969. A Labour Court hearing was held on 13th November, 1986.
Management's arguments:
3. (a) It is unacceptable to have a system of alternating
duties as it would not be a proper utilisation of
resources. It would have a serious effect upon
consistency and development of policy within the Office
and also relationships between nurse and staff and
students in the centre.
(b) The person selected for the post is a State Registered
Nurse and she is more qualified to deal with the needs
of the centre than the worker concerned who is
qualified to deal with children up to 14 years of age.
The percentage of people under 14 years of age within
St. Augustine's is 29%.
(c) The management, while accepting that the worker
concerned worked in the Infirmary on her own, contend
that there was always some suitably qualified person on
hand to assist if the need arose.
(d) It has never been the practice that length of service
should be a factor in determining selection for
reassignment. Management contend that they must have
the right at all times to select the person they think
best suitable for the job.
Union's arguments:
4. (i) The worker concerned worked in the medical centre on
her own for a period of three years at a time when
there were more students and residents to care for than
is currently the position.
(ii) The worker has honoured any requests from management
for flexibility and has covered duties in other areas
for short periods of time due to emergencies. Her
colleague has never provided this flexibility.
(iii) Currently she has been put to filing and up-dating
medical records, this is not nurses' work but rather a
clerical task.
DECISION:
5. Having considered the circumstances in this case the Court is
satisfied that the school having decided to change its facility
from an infirmary to a health centre quite properly consulted with
the two employees most directly concerned. During these
consultations they seem, however unintentionally to have misled
the childrens nurse into the belief that her qualifications were
acceptable for the new post, in which case of course her seniority
would have been the deciding factor. It is also clear to the
Court that this was the clear impression gained by the Rights
Commissioner in arriving at his Recommendation.
What has eventually become clear is the fact that, given the
function of the new health centre, the fully qualified nurse was
the person properly required to fill the post and indeed given the
nature of the duties involved the school had no option but to
appoint her.
For this reason the Court is of the opinion that the appeal by the
school against the Rights Commissioners recommendation should be
upheld.
The Court however is also of the view, the worker in this case has
been caused a good deal of concern and disappointment arising in
part from the employers approach to the change and in part from
some loss of her professional status as a childrens nurse, which
should she decide to continue in the alternative work offered,
would warrant monetary compensation to the amount of #500.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
18th January, 1987. Deputy Chairman.
M.D./J.C.