FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTHERN HEALTH BOARD, - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR 6284/01/TB.
BACKGROUND:
2. The Union submitted a claim for travel expenses on behalf of one of its members.
Management rejected the claim on the basis that the claimant was not entitled to it.
In 1984, a Government document entitled "Planning for the Future" set out the policy for the development of a comprehensive Mental Health Service in Ireland. The key element in the document was a shift from institutional type care to community based care.
In 1991 the Health Employers and Unions representing Psychiatric Nurses reached agreement on procedures to enable the closure of Psychiatric Hospitals and the transfer of services to community based settings. This agreement became known as the "Castlerea Formula".
The dispute was the subject of a Rights Commissioner's hearing which took place on the 21st of March, 2002. The following is the Rights Commissioner's Recommendation :-
"Based on the information put forward at the hearing, I uphold the position of the Board and do not recommend concession of the claim".
The Union appealed the Recommendation on the 9th of May, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court investigated the dispute in Cork on the 4th of September, 2002.
UNION'S ARGUMENTS:
3. 1. The Union believes that the worker satisfied the criteria for the payment of the travel allowance.
2. The claimant was compulsorily transferred in 1978 from Our Lady's Hospital to St. Stephen's Hospital.
3. Following the completion of his training as a General Nurse the claimant could have returned to Our Lady's Hospital but was requested by the Chief Nursing Officer to remain at St Stephen's Hospital.
4. All nurses in the South Lee catchment area have been paid the appropriate travelling expenses, with the exception of the claimant. He should be treated no less fairly than his colleague nurses.
5. In April, 2000, and April, 2001, nurses in the North Lee catchment area received payments of £1,100 to facilitate the closure of Our Lady's Hospital, nurses who had never worked within Our Lady's complex also received the payment.
MANAGEMENT'S ARGUMENTS:
4. 1. The claimant has been consistently advised that there is no criteria under the Castlerea Formula for him to qualify for a compensation payment.
2. The transfer of the worker from Our Lady's Hospital to St. Stephen's Hospital in 1978 resulted from a local management/union agreement. He could have returned after six months but did not exercise that right.
3. The Southern Health Board is satisfied that it has at all time shown full regard for national and locally negotiated agreements.
4. The Castlerea Formula does not cover the period of time for which the claim is being made by the worker.
5. The Board requests the Court to uphold the recommendation of the Rights Commissioner.
DECISION:
The case before the Court is an appeal of a Rights Commissioner's Recommendation denying the application of the Castlerea Formula to the appellant.
The Recommendation was appealed by the claimant and cited new evidence in support of his case.
The Court has examined the submissions of the parties and the terms of the Castlerea Formula. It cannot find that the terms could extend to the circumstances in the case of the claimant.
The Court, therefore, rejects the appeal and upholds the Recommendation of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd September, 2002______________________
LW/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.