FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NORTHERN AREA HEALTH BOARD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioners Recommendation IR 14186/03/GF
BACKGROUND:
2. Government policy in relation to the care of the mentally ill involved a change from a hospital oriented model of care to a community based model with the hospital providing more of a supportive role. This model required nurses to work in the community and to change their working rosters resulting in loss of earnings because they no longer had access to premium earnings. Negotiations on the transfer of services to the community resulted in 'The Castlerea Formula' .
The dispute before the Court involves a claim by the Union on behalf of a worker who transferred on promotion from the main hospital in one Health Board into the community in another Health Board area. As a result of the move, the worker suffered a loss of earnings and applied for compensation under the Formula.This Formula contained four elements which provided compensation for those who would lose financially in assisting with the new policy. He was deemed suitable for only one element of the Formula.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the13th of August 2003, the Rights Commissioner issued his recommendation as follows:
"I accept the claimant is not entitled to three elements of the Castlerea Formula as he was recruited directly into pre-existing community services of the NAHB and did not transfer from St. Brendan's. I believe to concede this claim would be to interfere with the agreed National Agreement. I find in favour of the NAHB".
On the 26th of September, 2003, the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th December 2003.
UNION'S ARGUMENTS:
3. 1. The worker is an employee of the Irish Health Service, the borders created by the existence of boards are irrelevant.
2. If the worker had transferred to the main hospital in the Northern Area Health Board for one week, he would have been eligible for the four elements of the Castlerea Formula.
3. All nurses who work in community services do so on a voluntary basis. The worker suffered the same loss financially as any nurse who moved to the community services and should be compensated equally.
MANAGEMENT'S ARGUMENTS:
4. 1. The Castlerea Formula is to facilitate the re-deployment of existing nursing resources and services from a hospital base to a community base within the same area.
2. The worker was recruited on promotion directly into the community services of the Northern Area Health Board from another Health Board. He did not transfer from the main hospital within the NAHB to the community services of that institution, therefore the worker does not meet the criteria required to qualify for three elements of the Castlerea Formula.
3. The worker is not being treated any differently to any other member of staff recruited directly into the community
DECISION:
The Court has considered the employee's appeal of the Rights Commissioner's recommendation. The Court concurs with the findings of the Rights Commissioner and accordingly upholds his recommendation. The appeal is disallowed.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th December 2003______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jo O'Connor, Court Secretary.