FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MID WEST REGIONAL HOSPITAL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR 46116/06/MR.
BACKGROUND:
2. The Worker concerned was a CNM3 who worked as a Theatre Manager in the Mid-West Regional Hospital. Limerick. She took up the post in May 2001 and was the sole Nurse Manger in charge of the Theatre complex at the hospital.
Circular 42/2004 re Revised Theatre Manager grades issued in September 2004 conveying Department of Health & Children sanction to the revised Theatre Nurse Management structures in various Hospitals. The revised theatre management structure for Band 1 Hospitals was confirmed as one Assistant Director of Nursing/Divisional Nurse Manager plus one Clinical Nurse Manager 111. There were no resultant changes to the theatre management structure at the Mid-Western Regional hospital, Band 1 hospital, as management claimed that this nurse management structure was already in place on the date of the agreement, 24th August, 2004.
The Worker concerned was not upgraded to Assistant Director of Nursing but believed that she should have been .
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 29th May, 2007 as follows:-
"Accordingly, I recommend that (i) the Worker and SIPTU should accept that her claim for upgrading fails and (ii) the HSE West should agree to pay a once-off ex gratia lump sum of €10,000 to the Worker , as above."
The Worker was named in the recommendation.
The Worker appealed the recommendation to the Labour Court on the 1st July, 2007, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 29th January, 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1.The Union contends that the Rights Commissioner erred in his findings by finding that the structures were in place which did not allow the Worker to be upgraded at the time.
2.The Union also contends that Management did not demonstrate and cannot demonstrate that such structures were in place and in operation in the Mid-West Regional Hospital at the time agreement was reached.
MANAGEMENT'S ARGUMENTS:
4. 1. The HSE confirmed that the present Assistant Director of Nursing post was occupied on the implementation date of circular 42/2004, i.e. 24th August, 2006.
DECISION:
The Court accepts the information provided by the HSE to the Court in respect of evidence that 'relevant structures' were in place at the Mid-West Regional Hospital from 2000.
Accordingly, the Court upholds the Rights Commissioner's decision pertaining to this matter. The compensation determined by the Rights Commissioner is deemed appropriate.
Signed on behalf of the Labour Court
Raymond McGee
21st February 2008______________________
MGDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.