FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ST JAMES HOSPITAL - AND - ROSE MCLOUGHLIN DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Decision WT1034/00/GF.
BACKGROUND:
2. The dispute arose out of the claimants inability to work the night rosters. The Rights Commissioner issued his decision on 8th August 2000, as follows:
- Decision
"I cannot say that the hospital is in breach of the Organisation of the Working Time Act, 1997. However, it is plain to see that the night staff requirements of the hospital are affecting the claimants general health. Photo's supplied, showing a discoloration (rash) on the arms, allegedly after the completion of a night shift, are disturbing.
The claimant is unwilling to comply with the hospital's request to attend the Occupational Health Department for personal reasons. She has offered to submit herself to Blackrock Clinic for whatever tests are required, and in the present circumstances, I feel it would be reasonable for the hospital authorities to accept this offer.
I recommend this as the most sensible option."
On the 17th August 2000 the worker appealed the Rights Commissioner's Recommendation to the Labour Court and the Court heard the appeal on the 12th of December, 2000.
DETERMINATION:
At the hearing, the Hospital Management indicated that they would facilitate this Employee with work within the Care of the Elderly Unit, that did not necessitate night work. This roster would be on a weekly basis.
This was acceptable to the Employee.
This recommendation should be accepted by both parties in settlement of this dispute
Signed on behalf of the Labour Court
Finbarr Flood
3rd January, 2001______________________
HMCD/CCChairman
NOTE
Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.