FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL TREATMENT PURCHASE FUND - AND - A WORKER (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Reinstatement with the National Treatment Purchase Fund (NTPF).
BACKGROUND:
2. The case before the Court concerns a dispute between the Irish Nurses Organisation (INO) and the National Treatment Purchase Fund (NTPF), concerning an employee of St.Columcille's Hospital, Loughlinstown, Co. Dublin, seconded to the NTPF for a period of 12 months beginning on 11th November, 2002, as a Patient Care Liaison Nurse (PCLN).
The Union (on behalf of the worker) are seeking that the worker in question be re-instated as she had been employed under contract to the NTPF and was subsequently unfairly dismissed without being afforded her rights pursuant to natural justice and agreed policies and procedures.
The NTPF are claiming that the employee in question was not employed by them but was on secondment from her permanent position of Senior Staff Nurse at St. Columcille's Hospital and subsequently resumed that position, following the expiry of the secondment.
On the 18th of April, 2005, the Union referred the issue to the Labour Court in accordance with Section 20 (1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th August 2005
The Union agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3. 1. Initially the worker was on secondment to the NTPF for a period of 12 months. After the expiry of the period, there was no mention of an extension to the secondment. Therefore, the worker considered herself to be a permanent employee with the NTPF.
2. There was no formal review of the worker's performance while in the employment of the NTPF, but the NTPF did not extend the contract on the basis that the worker's "skill set did not match the needs of the organisation going forward".
3. If there had been a formal performance appraisal, areas where improvements were needed could have been identified and dealt with accordingly.
4. The worker was, at no time afforded her rights pursuant to natural justice and agreed policies and procedures.
NTPF'S ARGUMENTS:
4. 1. It was proposed and agreed that the secondment would be extended for an additional 12 month period following the original expiry date of 10th November 2003. This was agreed by and communicated to all relevant parties.
- 2. The position of the Patient Care Liaison Nurse (PCLN) has become more complex with a greater need for administration and analytical skills. It is in that context that the skills set of the worker was not suitable to a permanent position with the NTPF. Training had been offered during the course of the secondment but had been refused.
3. The worker was employed by St. Columcille's Hospital, Loughlinstown,during the secondment on the clear understanding that on expiry of the secondment, she would return to her previous role with the hospital. At no stage was she considered to be a permanent employee of the NTPF.
RECOMMENDATION:
The Court has considered the views of both parties as expressed in their oral and written submissions and has taken account of the disappointment suffered by the claimant due to the non-renewal of the secondment arrangement between the NTPF and
the Hospital. The Union on behalf of the claimant sought compensation and reinstatement.
Having taken all aspects of the case into consideration, the Court recommends that in recognition of the valuable contribution made by the claimant to the organisation at its development stage, NTPF should pay a sum of €5000 as a gesture of goodwill. The Court recommends that the claimant should accept this sum in full and final settlement of all claims against NTPF.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th August 2005______________________
AH/DHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.