FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - SOUTH - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation R-043473-Ir-06/POB.
BACKGROUND:
2. The Claimant is a Staff Nurse in the Psychiatric Services in Killarney and employed by the HSE - South. The case revolves around his positive response to an advertisement in December 2000 regarding a vacant position in the Duty Office of St. Finan's Hospital which is responsible for managing the rosters for Nursing Staff. The Claimant was promised training for the position by Management, but as this failed to materialise he was never appointed resulting in a financial loss to him over the intervening years.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 18th December, 2006, the Rights Commissioner issued his Recommendation as follows:
"Given that there appears to been an unfulfilled promise to the claimant by line management a number of years ago to provide training for the position, I recommend that the claimant be awarded the equivalent of 2 acting up opportunities for a period of 4 years which equates to 2 opportunities X 4 years X the acting up allowance of approximately €80 per day which equates to €640. This recommended award is specific to the claimant due to the unique circumstances of his case and is not to be used as a precedent to lodge further claims arising out of this advertisement or for future cases by the claimant's Union or other Unions. I also recommend that the claimant be given the opportunity to attend a stress management course, probably at the Cork Stress Management Clinic, for approximately a two-day duration".
- On the 23rd January, 2007 the Claimant 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 24th October, 2007.
3. 1. The Claimant was promised some training for the advertised position, Management failed to fulfil this promise
2. The Claimant has suffered a financial loss along with a certain amount of stress and lost the confidence to apply for other positions within the service.
COMPANY'S ARGUMENTS:
4. 1. The Claimant was treated no more nor less favourably than any other colleague who expressed an interest in working in the Duty Office.
2. In recent times there has not been a requirement to fill any vacancies in the Duty Office. However Management plan to offer training to the Claimant in order that he may provide relief cover on occasions when the relief Staff Nurse is unavailable.
DECISION:
The Court has taken full account of the submissions of the parties to this appeal.
While the Union takes issue with certain findings of fact made by the Rights Commissioner, the Court is satisfied that the conclusions reached by him are reasonable and generally in line with the evidence before the Court. In these circumstances the Court can see no basis upon which it should interfere with the Rights Commissioner's Recommendation.
Accordingly, the Recommendation is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
3rd December, 2007______________________
JF.Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.