FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 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 Doherty Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation R-040505-IR-06/DI
BACKGROUND:
2. The worker is a Clinical Nurse Manager 2 (CNM2) employed in Wexford Mental Health Services and is currently based in St. Senan's Hospital, Enniscorthy. The Union's case is that in July, 2005, the worker was forced to move from St. Brigid's Ward in the Hospital where he received a location allowance to his current unit - St. Enda's - which does not pay a location allowance. The Union claims that the worker has suffered a loss of over €6,000 since 2005 as a result of the move and is seeking that he be reimbursed that amount.
The dispute was referred to a Rights Commissioner and his recommendation was as follows:
"I find against the claimant's claim that he be reimbursed for the loss that he has incurred as a result of his transfer from St. Brigid's Unit to St. Enda's Unit. The claimant was transferred in accordance with a well established practice of staff rotation and the fact that he ceased to be paid a Location Allowance was consistent with the terms under which the Allowance is paid or not paid. I also find against the Union claim that St. Enda's Unit should be designated as a Unit which attracts a Location Allowance as this is a matter for the parties to the National Agreement."
The Union appealed the recommendation to the Labour Court on the 20th January, 2006, in accordance with Section 13(9) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th March, 2008, in Wexford.
UNION'S ARGUMENTS:
3. 1. The worker objected to the Director of Nursing about the move to St. Enda's Unit as he knew it would mean a loss of the Location Allowance.
2. St. Enda's Unit is an anomaly in that it the only unit in St. Senan's Hospital which does not attract the Allowance. The Union believes that because of the services St. Enda's provides it should attract the allowance (details supplied to the Court).
HSE SOUTH'S ARGUMENTS:
4. 1. The worker was one of a number of CNM2s who were rotated within Wexford Mental Health Services in July, 2005. The rotation was carried out as is the normal practice for this Hospital.
2. The nationally agreed parameters for the application of the allowance were adhered to by the HSE South.
DECISION:
Having heard all the circumstances of this case that Court is satisfied that the conclusions of the Rights Commissioner are appropriate and should be upheld.
By way of rider, the Court notes that the HSE is prepared to rotate the claimant into a position to which the disputed allowance applies and that it will thus be reflected in his pension.
The Court regards this as a reasonable approach in the circumstances and it should be accepted in settlement of the dispute.
With this rider the recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
31st March, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.