Labour Court Database __________________________________________________________________________________ File Number: CD91575 Case Number: AD92124 Section / Act: S13(9) Parties: ST MICHAEL'S HOUSE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Union against Rights Commissioner's recommendation S.T. 347/91.
Recommendation:
5. The Court has carefully considered the submissions made by the
parties to this appeal. The Court is of the opinion that the
changed system which resulted in increased funding is not
compatible with the semi autonomous status hitherto enjoyed by the
worker concerned. The Court is of the opinion that she can best
continue her work at which she is clearly so successful as a
member of the Employment Team and accepts fully the lines of
authority now established.
The Court therefore decides that the Rights Commissioner's
recommendation should stand.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD91575 APPEAL DECISION NO. AD12492
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: ST MICHAEL'S HOUSE
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
recommendation S.T. 347/91.
BACKGROUND:
2. St. Michael's House provides services to the mentally
handicapped. The worker concerned with the appeal was employed
there for the past fifteen years as an Employment Advisor. In
1990 Management advised her that a Vocational Training Programme
(V.T.P.) was being developed to fulfill the criteria set down by
the National Rehabilitation Board in order to continue to receive
funding from the European Social Fund. The worker was advised
that there would be a significant change in her duties and
responsibilities (Details supplied to the Court). Within the new
programme she would be part of a team rather than operate on an
individual basis as heretofore. The Union rejected Management's
proposals and referred the issue to a Rights Commissioner for
investigation. The Rights Commissioner investigated the dispute
on the 6th September, 1991 and on the 2nd October, 1991 issued his
recommendation as follows:
"I recommend that the claimant accepts the new post offered
within the "5 year Vocational Training Programme" date 20th
September, 1990. I further recommend that she receives a
goodwill lead in payment of £500 on foot of her acceptance of
her new and changed job specification. This payment to be
made without precedent or prejudice".
The Union rejected the recommendation and on the 4th November,
1991 appealed it to the Labour Court under Section 13(9) of the
Industrial Relations Act, 1969. The Court heard the appeal on the
10th January, 1992.
UNION'S ARGUMENTS:
3. 1. In her role as Employment Advisor to St. Michael's House
the worker concerned was involved in the vocational
assessment, education, further training and placement of
trainees. She also liaised with Government Departments as
well as Government Agencies on the needs of trainees seeking
open employment. She was successful in many of the projects
which she undertook (details supplied to the Court).
2. Management's decision, which made a significant change in
the worker's duties and responsibilities, was made without any
consultation with the worker concerned. When the V.T.P. was
set up a manager was appointed and other positions were
advertised. Staff of the training centre applied for these
positions as they had no other option because the training
centre was to close. As Employment Advisor to St. Michael's
the worker concerned saw no reason to apply for any of the
positions in the V.T.P. The consequences of the change for
the worker are:- (1) a change in the worker's reporting
relationship (she was required to report to an official of
lower grade), (2) a change in her job description, (3) a
change in her status as Employment Advisor in tandem with the
new V.T.P. The worker is prepared to co-operate with all
aspects of the five year programme including liaising with the
manager of vocational services. She is quite willing to
report to the manager in matters concerning the V.T.P. and in
relation to the co-ordination of placement services, but she
must preserve her status as Employment Advisor with authority
to make direct links with Government officials and the private
sector in order to allow her build on the progress she has
achieved to date.
4. The Union rejects the Rights Commissioner's recommendation
which upholds Management's position and endorses its
proposals. The Union asks that the Court should now direct
both parties to agree a full job description including the
line management report structure. The Union also believes
that in order to resolve this long standing problem that these
discussions should take place without prejudice to previous
positions taken by either side.
COMPANY'S ARGUMENTS:
4. 1. St. Michael's House had to develop a five year Vocational
Training Programme in order to fulfill the criteria to benefit
from E.S.F. funding. Consultation took place only at the most
senior levels i.e. Chief Executive Officers/Deputies of each
of the agencies. The new criteria necessitated 1. a new
model for service operating at two levels, 2. a new role for
existing staff, 3. recruitment of staff. To meet the demands
and objectives of these new criteria, the Department of Health
approved the appointment of (a) Manager of Vocational Training
(b) a further 11 staff to implement the various aspects of the
programme.
2. While discussions with all 10 staff (including the worker
concerned) took place from June 1990 onwards the situation was
formalised towards the end of 1990. The worker concerned
along with the other staff was advised on October 11, 1990 of
the change and the implications of the new role for existing
staff. The worker was advised that she would suffer no loss
in salary or in conditions of employment. She was advised
that she would have to work as part of a team in an integrated
approach. The arrangements proved unacceptable to the worker.
3. Management considers it essential that all activities be
co-ordinated under the manager of the Vocational Training
Programme. It is no longer feasible that one Employment
Advisor be allowed work outside a plan which aims to
co-ordinate all programmes and employers' contacts. The
position held by the worker concerned prior to 1990 as
Employment Advisor no longer exists within the new structures
developed to meet the new criteria of training, placement and
funding. The worker is offered a position as a member of the
employment team within the V.T.P. As a member of this team
she will report to (1) the Manager V.T.P. (2) the Divisional
Manager and (3) the Chief Executive. She will retain salary
scale, holiday entitlements and pension rights as enjoyed
prior to 1990 when she was Employment Advisor.
4. St. Michael's House has made every effort to facilitate
the worker concerned. It is no longer possible nor acceptable
that she acts in an independent way outside and apart from the
structures now set up to ensure the success and continued
funding from E.S.F.
DECISION:
5. The Court has carefully considered the submissions made by the
parties to this appeal. The Court is of the opinion that the
changed system which resulted in increased funding is not
compatible with the semi autonomous status hitherto enjoyed by the
worker concerned. The Court is of the opinion that she can best
continue her work at which she is clearly so successful as a
member of the Employment Team and accepts fully the lines of
authority now established.
The Court therefore decides that the Rights Commissioner's
recommendation should stand.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
24th January, 1992 Deputy Chairman.
T.O'D./J.C.