Labour Court Database __________________________________________________________________________________ File Number: CD93610 Case Number: LCR14318 Section / Act: S26(1) Parties: SOUTHERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the reversion of a worker from a post of acting Assistant Chief Nursing Officer (A.C.N.O.) to his substantive post of Nursing Officer.
Recommendation:
Having regard to the unusual length of time the claimant spent on
continuous effective acting-up in the position coupled with his
understandable expectation that this satisfactory service would
result in his promotion to the position on a permanent basis and
taking account of the manner in which the posts were advertised,
the Court considers that there were unique circumstances in this
case which merit some compensation to the claimant. The Court
therefore recommends that the Board pay the claimant #1,800 in
full and final settlement of his claim.
The Court considers it appropriate to reiterate the view which it
expressed in L.C.R. 14272 that management and the Unions should
seek agreement on acting-up arrangements for A.C.N.O.'s which
leave no doubts regarding the procedures to be followed and the
equity of such procedures.
Division: Mr Heffernan Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD93610 RECOMMENDATION NO. LCR14318
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTHERN HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the reversion of a worker from a post of
acting Assistant Chief Nursing Officer (A.C.N.O.) to his
substantive post of Nursing Officer.
BACKGROUND:
2. 1. In 1986, the Southern Health Board held interviews for
the post of acting A.C.N.O. to cover annual leave, sick
leave and other absences. The worker was successful and
was appointed in May, 1986. In November, 1986, he was
appointed acting A.C.N.O. on a long term basis. In
1992, the Board, through the local appointments
commission, appointed three permanent A.C.N.O.'s and the
worker reverted to the post of nursing officer in
October, 1992. The union maintained that the worker due
to his 6 years experience should have been appointed to
one of the permanent positions. The Board maintained
that this was a matter for the local appointments
commission.
2. The dispute was referred to the Labour Relations
Commission and a conciliation conference was held on the
24th June, 1993. Agreement could not be reached and the
matter was referred by the Labour Relations Commission
to the Labour Court on the 27th October, 1993. The
Court investigated the matter on the 30th November, 1993
in Cork.
UNION'S ARGUMENTS:
3. 1. The worker was reverted to his substantive post while
another acting A.C.N.O. with less experience was retained in
his position.
2. There was no recognition given to the fact that the
worker was the only acting A.C.N.O. appointed to a long term
position.
3. The non-application of incremental credit to the worker
resulted in a loss to the worker during his acting-up period.
4. The demotion has resulted in a further loss of earnings.
5. The worker has to work on an equal status with those
whom he supervised for six and a half years.
BOARD'S ARGUMENTS:
4. 1. The statutory responsibility for appointments to
A.C.N.O. lies with the local appointments commission.
2. The worker could have competed in subsequent
competitions for acting A.C.N.O.
3. Other people had to step down from their positions as
acting A.C.N.O.s following the new appointments.
RECOMMENDATION:
Having regard to the unusual length of time the claimant spent on
continuous effective acting-up in the position coupled with his
understandable expectation that this satisfactory service would
result in his promotion to the position on a permanent basis and
taking account of the manner in which the posts were advertised,
the Court considers that there were unique circumstances in this
case which merit some compensation to the claimant. The Court
therefore recommends that the Board pay the claimant #1,800 in
full and final settlement of his claim.
The Court considers it appropriate to reiterate the view which it
expressed in L.C.R. 14272 that management and the Unions should
seek agreement on acting-up arrangements for A.C.N.O.'s which
leave no doubts regarding the procedures to be followed and the
equity of such procedures.
~
Signed on behalf of the Labour Court
22nd December, 1993. Kevin Heffernan
P.O'C./A.L. ----------------
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.