FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTHERN HEALTH BOARD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation No. IR2428/00/MR.
BACKGROUND:
2. The Union claims that the worker was given written confirmation that his request for a transfer would be accommodated when a "suitable vacancy" became available in the Cork City area following his appointment as a Deputy Nursing Officer in 1990. However, no vacancy arose.
In 1996, the worker was promoted to Nursing Officer and was informed that his transfer request would not be affected by his promotion.
Management claims that the worker made no written application for a transfer following his promotion to Nursing Officer in 1996. It also states that an agreement was concluded between management and the Staff Associations in 1999 regarding lateral transfers.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 20th of November, 2000. The following is the Rights Commissioner's Recommendation:-
"I recommend that the Union's claim fails".
(The worker was named in the Rights Commissioner's Recommendation).
The Union appealed the Recommendation to the Labour Court on the 7th of March, 2001 in accordance with Section 13 (9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th of May, 2001.
UNION'S ARGUMENTS:
3. 1. The worker was given a written commitment that his transfer request would be honoured.
2. Other supervisory staff have taken up transfer options offered to them.
3. The worker was not informed that his name had been removed from the lateral transfer panel.
4. A denial of a transfer for the worker will result in financial loss and will affect his pension benefits.
MANAGEMENT'S ARGUMENTS:
4. 1. It was agreed with the Unions that all future promotional posts would be filled by open competition and that no lateral transfers would be facilitated above the grade of staff nurse.
2. There is no record of any application for a lateral transfer following his promotion to Nursing Officer in 1996.
3. The claimant is free to apply for the post of Nursing Officer in any other catchment area when vacancies arise.
DECISION:
The Court believes that the claimant's name was overlooked, when the 1999 Agreement was being finalised, and that he would have been on the list to be accommodated for lateral transfer, if his case had been discussed.
In the circumstances, the Court believes this to be a unique case and, therefore, recommends that the Rights Commissioner's Recommendation be rejected and the appeal upheld.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
25th May, 2001______________________
LW/CCChairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.