FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CORK UNIVERSITY HOSPITAL (REPRESENTED BY HSE) - AND - A WORKER (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal Against Rights Commissioner's Recommendation R-041904-Ir-06/POB.
BACKGROUND:
2. This case concerns an appeal of Rights Commissioner's Recommendation R-041904-IR-06/POB.
The issue in dispute relates to a claim for a Nurse employed by the Health Service Executive (HSE) in Cork University Hospital to be appointed as a Nurse Manager (CNMI) in the Cardiac Intensive Therapy Unit of the Hospital.
The Union's position is that, initially it was seeking the appointment of its member to CNMI on the basis of time acting up in the post, but because of issues relating to rotation on night/day duty, as well as a requirement to complete a Higher Diploma in Critical Care, is now seeking incremental credit for the extensive period of time acting up in the position.
Management's position is that the position of Nurse Manager (CNMI) is available and the nurse will be appointed if the required educational standards are achieved and if the Nurse is willing to rotate between night and day shifts.
The dispute was referred to a Rights Commissioner for investigation and Recommendation. His Recommendation issued on the 13th November, 2006, and found that the Nurse should reconsider her position in relation to the educational requirements for the position. In practice, the issue of working on night shift may not create any difficulties.
On 12th January, 2006 the Union appealed the Recommendation of the Rights Commissioner in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearingtook place on 5th December, 2007.
UNION'S ARGUMENTS:
3. 1. The Nurse in question has acted up on a continuous basis since 1991. She has lost out on salary and annual leave entitlements because of Management's failure to appoint her to the post of CNMI.
2. A local agreement exists, whereby a Nurse acting up continuously for one continuous year, the applicable senior salary scale will be applied. This was not done in this case.
3.Management should apply the previous Labour Court Recommendation (LCR 17518).
MANAGEMENT'S ARGUMENTS:
4. 1. The Nurse has worked continuously on nights. To be appointed to Nurse Manager (CNMI), she must agree to rotate between night and day shifts and complete the Higher Diploma in Critical Care. She was not willing to do either, and on that basis could not be appointed to the post.
2. The HSE cannot concede this issue as the minimum requirements for the post have not been met.
DECISION:
The Court has given full consideration to the submissions of the parties to this appeal.
Having regard to all relevant considerations, the Court has concluded that the
conclusions reached by the Rights Commissioner are reasonable and consistent with the facts of the case.
In all the circumstances of the case the Court affirms the Recommendation of the Rights Commissioner.
Accordingly, the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
18th December, 2007.______________________
AH.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.