FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE (SOUTH) - AND - A WORKER (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation R-043913-Ir-06/POB.
BACKGROUND:
2. This case concerns an appeal by the Union of Rights Commissioner's Recommendation R-043913-IR-06/POB.
The issue in dispute concerns a nurse who was on a career break, and prior to recommencement of employment was required to complete a return to Nursing Practice Coursein compliance with An Bord Altranais policy.
The Union's position is that the course content and duration was inappropriate given the the Nurses previous experience.
Management's position was that it was acting in compliance with the An Bort Altranais Guide on returning to work.
The dispute was referred to a Rights Commissioner for recommendation. His findings and Recommendation issued on the 14th December, 2006, and found that the worker should be facilitated with regard to her return to work as soon as possible and in compliance with the relevant procedures.
On the 26th January, 2007, the Union appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. The basis of the appeal was to have the Recommendation of the Rights Commissioner upheld.
Management did not contest the appeal.
DECISION:
The Court notes that the Union are seeking to have the Rights Commissioner's Recommendation upheld. His was not opposed by the Employer.
Accordingly, the Court upholds the Rights Commissioner's Recommendation.
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.