Labour Court Database __________________________________________________________________________________ File Number: CD94214 Case Number: AD9444 Section / Act: S13(9) Parties: THE EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal against Rights Commissioner's recommendation CW396/93.
Recommendation:
5. Having considered the submissions of the parties and the oral
evidence presented at the hearing, the Court does not find grounds
to alter the Rights Commissioner's Recommendation. Accordingly
that Recommendation stands.
The Court so decides.
Division: Mr Heffernan Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94214 APPEAL DECISION NO. AD4494
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: THE EASTERN HEALTH BOARD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal against Rights Commissioner's recommendation CW396/93.
BACKGROUND:
2. The dispute arose from a claim on behalf of one worker, a
Deputy Nursing Officer in St. Brendan's Hospital, for compensation
for loss of earnings suffered by him, in respect of a period from
July, 1992 to December, 1992. The worker commenced "acting-up" as
Nursing Officer on the 30th of November, 1990, and "acted-up"
until he went on annual leave on the 18th of July, 1992. The next
most experienced Deputy Nursing Officer was appointed Acting
Nursing Officer and continued in that role until a natural break
occurred. The claimant then re-commenced in the position of
Acting Nursing Officer, from the 5th of December, 1992, to date.
The Union claims that, up to early 1990, the practice was that the
most experienced suitable person would be appointed to "act-up" as
Nursing Officer. The Union claims that the Company changed this
practice without consultation, in order to provide for the sharing
of the "acting-up" allowance, on the basis that when an Acting
Nursing Officer reached a natural break (i.e. Holidays,
sick-leave) the next most experienced Deputy Nursing Officer would
"act-up". The Union is seeking compensation of #300 for the
period during which the claimant was deprived of the "acting-up"
allowance. The claim was rejected by the Board. The dispute was
investigated by a Rights Commissioner, on the 22nd of January,
1994. He recommended that no compensation should be payable by
the Board. The Union appealed the recommendation to the Labour
Court, on the 14th April, 1994, in accordance with Section 13(9)
of the Industrial Relations Act, 1969. The Court heard the
appeal, on the 25th of May, 1994.
UNION'S ARGUMENTS:
3. 1. The worker took up the position of Acting Nursing
Officer without knowledge that he would have to share the
position (and allowance) at a future date. He had, therefore,
a reasonable expectation of continuing the position until such
time as the Nursing Officer was appointed to the ward.
2. Any financial settlement reached will not be used as
precedent by the Union, should any other cases arise in the
future.
BOARD'S ARGUMENTS:
4. 1. The shared "acting-up" system allows for staff to gain
more experience in higher posts. The shared "acting-up"
system has worked satisfactorily since the late 1980's.
2. If the present system was to be changed, a number of
staff would be denied the opportunity to act up in a higher
capacity.
3. The shared "acting-up" system has been in operation for
a number of years and has not caused any difficulty for other
nursing staff in a similar situation.
DECISION:
5. Having considered the submissions of the parties and the oral
evidence presented at the hearing, the Court does not find grounds
to alter the Rights Commissioner's Recommendation. Accordingly
that Recommendation stands.
The Court so decides.
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Signed on behalf of the Labour Court
Kevin Heffernan
3rd June, 1994 ----------------
M.K./U.S. Chairman