FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTHERN HEALTH BOARD - AND - A WORKER (REPRESENTED BY PSYCHIATRIC NURSES ASSOCIATION) DIVISION : Chairman: Mr Flood Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation IR6240/01/TB.
BACKGROUND:
2. The worker concerned qualified as a Nurse in 1976. During the 1990s, she worked as a Staff Nurse in St. Finan's Hospital, Killarney. In 1997, she successfully applied for the post of Staff Nurse in the Community which was upgraded to Community Psychiatric Nurse.
The Union's claim on behalf of its member is for (1) payment of the Castlerea Formula in relation to her move from St. Finan's to the Community, (2) to increase the mileage allowance from 9,000 to 10,500 miles which was the mileage base of the previous post holder, (3) to increase the re-location payment.
The issues were referred to a Rights Commissioner for investigation and recommendation. His Recommendation issued on the 26th of September, 2002, as follows:-
"As no actual loss was identified I do not recommend that the Castlerea Formula should apply to the claimant.
The Health Board had previously made an offer in respect of one of the items in dispute of €2,470. I recommend that this should be increased to €3,500.
Because of the ambiguity surrounding the actual base of the claimant and the mileage which therefore should be allowed to her I recommend that the mileage allowance of 9,000 miles per annum should be restored to 10,500 miles per annum."
The Board appealed the Rights Commissioner's Recommendation on the 10th October, 2002 in relation to the amount awarded under relocation and the decision to increase the mileage to 10,500 miles per annum.
The Union appealed the Rights Commissioner's Recommendation to the Labour Court on the 6th November, 2002 in relation to compensation under the Castlerea Formula. Both appeals are in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th November, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The worker concerned suffered a loss of earnings. She should receive payment in respect of two years loss of earnings in accordance with the Castlerea Formula.
2. Payment in respect of re-location should be increased.
3. The worker concerned travels more miles than she is paid for. She has never been asked to attend a review meeting.
BOARD'S ARGUMENTS:
4. 1. The worker concerned did not suffer a loss of earnings and therefore, does not quality for the Castlerea Formula.
2. The offer made in relation to re-location is a fixed amount for all staff. There is no basis to increase the amount.
3. Mileage is based on service needs and is not personal to a post holder. It is kept under review.
DECISION:
The Health Board appealed two elements of the Rights Commissioner's Recommendation, the amount awarded under re-location, and the decision to increase the claimant's mileage to 10,500 miles per annum.
The claimant appealed the decision of the Rights Commissioner not to award her compensation for loss of earnings.
1.Loss of Earnings:
The Court having considered the written and oral submissions made by the parties does not accept that the claimant is entitled to compensation for the loss of earnings under the Castlerea Formula. The Court, therefore, rejects the appeal.
2.Relocation:
The Court finds no basis for the Rights Commissioner's decision to increase the Management offer of €2,470 to €3,500. The Court, therefore, upholds the appeal and amends the award to €2,470.
3.Mileage:
Management claims that the mileage granted is determined on a service need basis. While it is open to the Management to negotiate changes in mileage allowance, it is clear that the claimant's mileage was changed without discussions or justification for such a change. Taking into account all the issues involved in this case the Court recommends that the parties enter into discussions to agree the appropriate mileage allowance.
Signed on behalf of the Labour Court
Finbarr Flood
_1st December, 2003______________________
GB/BRChairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.