FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MIDLAND HEALTH BOARD - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Re-hearing arising from LCR16661
BACKGROUND:
2. This is a re-hearing arising from Labour Court Recommendation LCR16661 which issued on the 10th November, 2000. In LCR 16661 the Court recommended as follows:-
- " The Court has given consideration to all aspects of this dispute and is of the view that the Board did not act appropriately in its selection and recruitment process when filling the position for a staff nurse in the Psychiatry of Old Age unit.
In the event of a position arising for a day hospital nurse in the Psychiatry of Old Age unit at any time up to the 7th March 2002 the Court recommends that the worker must be offered first choice for such a position.
If no such position arises within that period then the parties are free to return to the Court, where the Court will issue a recommendation to award compensation to the claimant."
since the Court issued its Recommendation LCR16661. The worker is now seeking to be
re-graded to the position of C.N.M.11.
Management rejected the worker's claim. It states that the Board made every effort to resolve
the dispute. The Board offered a number of posts to the claimant which were rejected.
The worker referred the dispute back to the Court for a definitive recommendation. The Court
investigated the dispute in Portlaoise on the 27th May, 2003.
WORKER'S ARGUMENTS:
3. 1. As a permanent employee the worker should have had first option either to accept or reject the offer of a post.
2. Management is in breach of the agreement between permanent staff and the Board in relation to the filling of permanent posts.
3. The worker has suffered a financial loss by not being appointed as a staff nurse in the Psychiatry of Old Age unit. The claimant is seeking compensation for this loss.
MANAGEMENT'S ARGUMENTS:
4. 1. The Board is satisfied that it has made every effort to comply with the Court's Recommendation. The worker has rejected each offer made to her by the Board.
2. The worker's claim for compensation by way of automatic re-grading to the post of C.N.M. 11,is neither justified or sustainable.
3. The claimant was offered a Staff Nurse post in Psychiatry of Later Life in July, 2001 but was not accepted. This offer still remains on the table.
RECOMMENDATION:
The Court notes the progress made since the issue of Labour Court Recommendation No. LCR 16661. A number of offers were made by the Board including offers made at the hearing itself, which were rejected by the claimant.
Despite the efforts made by the Board to facilitate the claimant, the offers made were not in line with the position, which she had originally applied for. In accordance with Labour Court Recommendation No. LCR 16661 the Court recommends that compensation should be paid as a result of the actions of the Board in the selection and recruitment process when filling the position for a staff nurse in the Psychiatry of Old Age unit. The Court recommends the sum of €4,000 to be accepted in full and final settlement of this case.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th June, 2003______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.