Labour Court Database __________________________________________________________________________________ File Number: CD94473 Case Number: LCR14686 Section / Act: S26(1) Parties: SOUTHERN HEALTH BOARD - and - TWO WORKERS;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Redeployment of two workers.
Recommendation:
5. The Court is satisfied that it is necessary for the Health
Board, in light of its decision to close Our Lady's Hospital, to
commence re-deployment of staff. The Court was informed at the
hearing that there are now two vacancies for cooks in University
Hospital. Accordingly, re-deployment of two cooks should now take
place.
In all the circumstances outlined, the Court recommends that the
Union accepts the proposed re-deployment on the basis set out in
the Board's letter of 3/2/94 and the Board's agreement to pay
compensation for loss of earnings established after a 12 month
period, in accordance with what is known as "the Castlerea
formula".
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD94473 RECOMMENDATION NO. LCR14686
INDUSTRIAL RELATIONS ACT, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTHERN HEALTH BOARD
and
TWO WORKERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
SUBJECT:
1. Redeployment of two workers.
BACKGROUND:
2. The dispute concerns the proposed re-deployment of two cooks
from Our Lady's Hospital, Cork.
3. As part of its health services' plan, the Board has decided to
close Our Lady's Hospital, Cork. Because of the reduced number of
patients, the Board claims that there is no longer a need for the
number of cooks employed here (at present six). It intends to
re-deploy two cooks to either Cork University Hospital or St.
Mary's Orthopaedic Hospital.
4. The Union raised a number of issues with the Board, including
loss of earnings, compensation for re-location, seniority and the
maintenance of status. The Board's reply, in a letter dated 3rd
February, 1994, follows:-
"1. In the event of a grade I cook transferring in to a
grade II post, the Board guarantees the substantive
grading of the cook in question at their new location,
on a personal basis.
2. On the question of a possible loss of earnings, the
Board is prepared to process a claim in due course,
following substantiation of any loss involved. The
Board is prepared, if necessary, to have this matter
adjudicated on by a third party.
3. The Board's view is that where re-deployment is involved
the person being re-deployed carries their seniority
from their former to their new work location.
4. During the course of the meeting you raised the issue of
compensation for cooks re-deployed from Our Lady's
Hospital to other locations. The Board's view on this
matter is, that given that we have already agreed to
process any loss of earnings claims that compensation
for re-deployment is not appropriate."
The Union rejected the conditions and the dispute was referred to
the Labour Relations Commission. At a conciliation conference on
2nd March, 1994, the Union put forward a number of claims (details
supplied to the Court). No agreement was reached at the
conference nor at another conference on 8th July, 1994. The
dispute was referred to the Labour Court on 14th September, 1994,
under Section 26(1) of the Industrial Relations Act, 1990. A
Labour Court hearing took place on 8th February, 1995, (the
earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. In 1992, the Union suggested that the Board make known
any permanent vacancies in the Cork area so that non-nursing
staff could apply in the event of the closure of Our Lady's
Hospital. The Board agreed but to date no such information
has been received.
2. At present there are six cooks and two officers acting
as cooks at the Hospital. Despite this, domestic attendants
have acted up as cooks on 155 occasions from April, 1994 to
January, 1995.
3. One of the two cooks concerned is a grade I cook with 19
years service. If he was re-deployed he would be acting as a
grade II cook and a junior.
BOARD'S ARGUMENTS:
4. 1. The Board's offer made on 3rd February, 1994, is fair.
It cannot continue to employ staff which is surplus to
requirements at the Hospital. In 1990, 1500 meals per day
were served as against 620 meals per day in 1995.
2. In February, 1994, the Board asked for applications from
cooks interested in re-deploying to either Cork Regional
Hospital or St. Mary's Orthopaedic Hospital. No applications
were received.
RECOMMENDATION:
5. The Court is satisfied that it is necessary for the Health
Board, in light of its decision to close Our Lady's Hospital, to
commence re-deployment of staff. The Court was informed at the
hearing that there are now two vacancies for cooks in University
Hospital. Accordingly, re-deployment of two cooks should now take
place.
In all the circumstances outlined, the Court recommends that the
Union accepts the proposed re-deployment on the basis set out in
the Board's letter of 3/2/94 and the Board's agreement to pay
compensation for loss of earnings established after a 12 month
period, in accordance with what is known as "the Castlerea
formula".
~
Signed on behalf of the Labour Court
Evelyn Owens
22nd February, 1995 -------------
C O'N/U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR CIARAN O'NEILL, COURT SECRETARY.