FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE DUBLIN NORTH EAST - AND - (SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal of a Rights Commissioner Recommendation r-050654-ir-07-MH
BACKGROUND:
2. This case is an appeal by the employer of Rights Commissioners Recommendation r-050654-ir-07-MH. The issue in dispute concerns nursing staff employed in mental health services moving from residential care facilities to community based care. The community based service, Woodvale Hostel was opened in 2004 after the closure of two long stay wards in St Davnet's Hospital. Woodvale Hostel is on the grounds of St Davnet's Hospital and the parties are in dispute in relation to the application of the provisions of the "Castlerea Formula" with regard to compensation for travel time/costs.
The Union's position is that the formula states that compensation is payable on the basis of the distance travelled from home to the new work location for nursing staff providing care in the community.
Management's position is that there is no additional travel involved or additional travel expenses in the relocation as the new premises is on the grounds of the hospital and, therefore, no compensation is payable.
The dispute was referred a Rights Commissioner for investigation and Recomendation. His Recommendation issued on 4th January, 2008, and found in favour of the Union's position on the basis of the provisions of the Castlerea Formula with regard to the commuity based service.
On 14th January, 2008 the Employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 10th June, 2008.
UNION'S ARGUMENTS:
3 1 The agreement is quite clear and the compensatory payments in the Castlerea Formula are based on the distance travelled from the nurses' home to the new community based work location.
2 The closure of the two residential wards in St Davnet's hospital and the freeing up of resources for the opening of Woodvale Hostel resulted in a smooth transition to a community based service. The agreement should be applied as written.
MANAGEMENT'S ARGUMENTS:
4 1 It is accepted that elements of the Castlerea Formula apply in this case. At issue is the application of travel expenses in the current situation.
2 There is no additional travel to the new community based service as it is located on the premises of the old facility. It is unreasonable, therefore, to seek travel compensation in these circumstances.
DECISION:
On the basis of the agreement as written, the Court dismisses the appeal and upholds the Rights Commissioner's Recommendation.
Signed on behalf of the Labour Court
Raymond McGee
27th June 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.