FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : EASTERN HEALTH BOARD - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation 11/98.
BACKGROUND:
2. In June, 1979, the worker concerned commenced employment at St. Ita's Hospital, Portrane, as a temporary psychiatric nurse. In April, 1982, he was made permanent. In April, 1990, he requested and was granted a transfer to St. Brendan's Hospital. The worker claims that he was unaware at the time of his transfer that his service at St. Ita's was not reckonable for all purposes in St. Brendan's.
The worker concerned requested a Rights Commissioner's investigation into his claim that his service at St. Ita's should be reckonable for the purposes of annual leave allocation and acting up assignments. The Rights Commissioner found that there was an agreement in existence stating that service is not transferable and it would be wrong of him to upset this understanding. He issued his Recommendation on the 21st May, 1998 as follows:-
"I recommend that the worker accepts that his service in this
instance is not considered transferable from St. Ita's."
(The worker was named in the Rights Commissioner's Recommendation).
WORKER'S ARGUMENTS:
3. 1. The worker claims that he was unaware at the time of his transfer that his service at St. Ita's was not reckonable for annual leave allocation and acting up assignments at St. Brendan's.
2. He believes that no written agreement exists between the Health Board and the Union regarding service when a worker transfers from one hospital to another.
3. He claims that other staff who transferred from St. Ita's to St. Brendan's retained their full service for all purposes.
BOARD'S ARGUMENTS:
4. 1. The worker was fully aware of the consequences regarding his service when transferring from St. Ita's to St. Brendan's.
2. It is not normal for staff to transfer from one hospital to another but when it occurs it is the practice throughout the psychiatric service that service is retained for the purposes of superannuation and salary but not for acting up assignments and annual leave allocation.
3. The worker's request to retain his seniority was discussed with the local branch of the Psychiatric Nurses Association but it was not agreed.
DECISION:
The Court having considered the written and oral submissions finds no reason to change the Rights Commissioner's Recommendation.
The Court, therefore, upholds the Recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
8th October, 1998______________________
G.B./D.T.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.