Labour Court Database __________________________________________________________________________________ File Number: CD95629 Case Number: LCR14999 Section / Act: S26(1) Parties: ROYAL VICTORIAN EYE AND EAR HOSPITAL (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - IMPACT |
Dispute concerning the abolition of a clerical post.
Recommendation:
Having carefully considered the submissions of the parties to the
dispute the Court came to the conclusion that the proposed
integration of the Orthoptic Clinic secretarial duties into the
general administration is not unreasonable in the circumstances
and should be accepted.
In the Court's opinion however, regard must be had in the
integration, to the conditions of employment which have been
enjoyed by the present holders of the Orthoptic Clinic secretarial
post.
Accordingly the Court recommends that the proposed change by the
Hospital be accepted and that the parties commence immediate
discussions with a view to reaching agreement on the question of
how best the two people involved may be fitted into the revised
structure within the context of paragraph two, above.
Division: Mr McGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD95629 RECOMMENDATION NO. LCR14999
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ROYAL VICTORIAN EYE AND EAR HOSPITAL
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
IMPACT
SUBJECT:
1. Dispute concerning the abolition of a clerical post.
BACKGROUND:
2. The dispute relates to the Hospital's decision to abolish the
post of secretary to the Orthoptic Clinic and re-deploy the
two job sharers who hold the post (Grade 3
clerical/administration staff) to the general administration
area in the Clinic. Management maintains that the post is no
longer viable and that in relation to two significant
tranches of the workload i.e., the post of Orthoptic records
and appointments one was duplicated and the other would be
channelled through the main appointments system. The Union
maintains that while accepting management's right to assign
staff it disputes the viability of its proposal and its
likely industrial relations implications. Local discussions
failed to resolve the issue and the dispute was referred to
the Labour Relations Commission. A conciliation conference
was held on the 2nd November, 1995. Agreement was not
possible and the dispute was referred to the Labour Court on
the 3rd November, 1995. A Court hearing was held on the 21st
November 1995.
UNION'S ARGUMENTS:
3. 1. The Union is concerned at management's decision to
abolish the post. The Hospital will not be able to
provide service at its present level under this
proposal. The abolition of the post has implications
for the workload of other clerical staff who are already
overstretched.
2. The issue would be better addressed in the context of a
larger re-organisation of the administration area, in
tandem with a request to the Department of Health for
additional staff.
3. The break-up of this post and re-deployment should be
deferred pending discussions on workloads and the
overall staffing of the Hospital's
clerical/administration grades.
HOSPITAL'S ARGUMENTS:
4. 1. It is well established practice throughout the Health
Sector that management has the right and responsibility
to deploy staff resources to best meet changing demands.
While the Union accepts the Hospital's right to assign
workers, a situation has arisen where 2 workers
concerned have sought to prevent the re-deployment.
2. The post of secretary to the Orthoptic Clinic can no
longer be justified and is simply not viable.
Management has consistently offered to discuss
appropriate alternative posts with the two workers but
they declined this offer.
3. The workers will maintain their current grades and
continue job-sharing.
4. The post of secretary to the Orthoptic Clinic provides
less output than other posts within the Medical Records
Department (details supplied to the Court). The
re-deployment of resources will assist the extremely
busy Medical Records Department. It must be effected
without further delay.
RECOMMENDATION:
Having carefully considered the submissions of the parties to the
dispute the Court came to the conclusion that the proposed
integration of the Orthoptic Clinic secretarial duties into the
general administration is not unreasonable in the circumstances
and should be accepted.
In the Court's opinion however, regard must be had in the
integration, to the conditions of employment which have been
enjoyed by the present holders of the Orthoptic Clinic secretarial
post.
Accordingly the Court recommends that the proposed change by the
Hospital be accepted and that the parties commence immediate
discussions with a view to reaching agreement on the question of
how best the two people involved may be fitted into the revised
structure within the context of paragraph two, above.
~
Signed on behalf of the Labour Court
13th December, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.