FULL RECOMMENDATION
SECTION 21, EMPLOYMENT EQUALITY ACT, 1977 PARTIES : ST LOMAN'S HOSPITAL (REPRESENTED BY THE HEALTH SERVICES EMPLOYMENT AGENCY) - AND - THE PSYCHIATRIC NURSES ASSOCIATION DIVISION : Chairman: Mr McGrath Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Appeal by the Union against Equality Officer's Recommendation No. EE20/1996 concerning a claim by Mr. Jim Brosnan, a psychiatric nurse, that he was discriminated against by the hospital when he was not appointed to a relief position, contrary to the terms of Section 21 of the Employment Equality Act, 1977.
BACKGROUND:
2. In the early 1990's a relief panel for Community Psychiatric Nurses (C.P.N's) was established from qualified psychiatric nurses at St. Loman's Hospital. The members of this relief panel are used on a rotational basis to relieve C.P.N's during periods of absence on sick leave, annual leave etc. The claimant was selected for this panel. The Union claimed that, in June, 1995 although the claimant was the next person on the panel, he was not appointed to act as a relief and a female nurse was appointed instead. When the matter was raised by the claimant with the hospital, Management informed him that, because of staffing levels, it was not prepared to release any male members of staff to do this relief work. The claimant maintained that the experience gained from this relief work is beneficial when seeking promotion. The hospital stated that the panel is used to relieve C.P.N's during periods on absence and, while rotation may be a feature of the operation of the panel, service requirements at any time have to be taken into consideration. Management stated that the claimant was not assigned to a temporary vacancy which arose in June, 1995 because of operational requirements (a shortage of male staff) which existed in the hospital at that time.
On the 20th December 1995 the Union referred the claim, under the Employment Equality Act, 1977 to the Labour Court. The Court referred the case to an Equality Officer. The Equality Officer's recommendation which was issued on the 20th September 1996 found that the Employer did not discriminate on the basis of sex against the claimant.
On the 29th October, 1996 the Union appealed the Equality Officer's recommendation to the Labour Court on the basis that it did not agree with the Equality Officer's conclusions that the claimant's being obliged to work in the hospital does not constitute a practice which bears more heavily on the claimant than on members of the other sex. The Court investigated the dispute on the 6th May, 1997. Both parties made written submissions to the Court and expanded orally on their submissions at the hearing.
DETERMINATION:
The Court has considered all of the oral and written submissions made by the parties.
The Court finds that it is necessary for the Management of a psychiatric hospital to assign staff to varying tasks at different times.
The Court also finds that when psychiatric nurses take up employment in psychiatric hospitals they take up responsibility for a range of tasks involved in the care of mentally disturbed patients.
Management must decide where to assign the particular staff at its disposition at any given time and take into account the mix of skills of the particular staff. Management must also take account of the safety and welfare of both patients and staff.
The decision to assign a particular task to a nurse of a particular sex is not less favourable treatment if the task is within the range of responsibilities for which the nurse was employed.
The Court notes in this case the argument put forward by the claimant that to deny him community nursing experience would mitigate against advancement in his career.
Having considered the evidence put forward and given the wide ranging criteria for determining suitability for progression to supervisor status, the Court does not find that the absence or a lesser amount of experience in community psychiatric nursing would mitigate against the claimant's career prospects.
Further, the Court notes that no extra remuneration or other advantages accrue to staff nurses on community psychiatric nursing assignments.
Accordingly, the Court determines that the recommendation of the Equality Officer be upheld.
The Court finds there was not discrimination against the complainant in terms of the Employment Equality Act, 1977.
Signed on behalf of the Labour Court
Tom McGrath
16th October, 1997______________________
T.O'D./S.G.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.