FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST JAMES HOSPITAL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal Of Recommendation Of Rights Commissioner's Recommendation R-058363-ir-07/SR.
BACKGROUND:
2. The claimant, who has been employed by St James' Hospital as a basic grade radiographer since 2002, has worked in the ultrasound department since 2004. In May 2007 the claimant unsuccessfully applied for a postgraduate course in ultrasound. The claimant was advised by the Hospital that he was unsuccessful because there were issues with his communication skills, reliability and organisational skills. The claimant contends that the reasons given for this decision have no basis in fact or truth; he had not been informed of any concerns regarding his performance in the ultrasound department; and that he has been denied due process in accordance with natural justice.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 30th May, 2008 the Rights Commissioner issued the following Recommendation:-
- “I do not accept that the claimant was unfairly denied participation in the training course, and that part of his complaint is not upheld.
Fair procedure was not observed by the grievance panel in the claimant's grievance and I uphold that part of his claim.
I recommend that the employer pay the claimant compensation in the sum of €750 for failure to observe fair procedure in such investigations in the future.
I further recommend that discussions take place between the parties, with a view to putting in place a process, which will facilitate the claimant's participation in this training course and career development”.
The Claimant was named in the Rights Commissioner's Recommendation. On the 11th July, 2008, the Claimant appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.A Labour Court hearing took place on the 4th September, 2008, the earliest date suitable to the parties.- “I do not accept that the claimant was unfairly denied participation in the training course, and that part of his complaint is not upheld.
3. 1. The claimant was denied the protection of natural justice, due process and the right of an individual to have a grievance heard in a transparent fashion.
2. Serious concerns about the claimant's performance were raised but he was not afforded the opportunity to challange them.
3.The reasons given for the Hospital's decision in 2007 not to put the claimant forward for thispostgraduate course in ultrasoundhave no basis in truth.
HOSPITAL'S ARGUMENTS:
4. 1. The Hospital has gone to considerable lenghts to give the claimant a thorough and fair hearing.
2. Whatever procedural discrepancies there may have been were of a minor nature and did not result in a financial loss for the claimant.
3.In 2008, the claimantsuccessfully applied for this postgraduate course in ultrasound.
DECISION:
Hospital Management appealed the Rights Commissioner’s Recommendation, which found that while the claimant was not unfairly denied participation in a training course, fair procedures were not observed by a grievance panel. The Rights Commissioner awarded him the sum of €750.00 compensation.
The Court notes that Hospital Management accepted that there were some deficiencies in the way the grievance complaint was handled; these they described as “minor”.
Having considered the oral and written submissions of both parties, the Court concurs with findings of the Rights Commissioner and upholds his recommendation. Therefore, the claimant should be paid the sum of €750.00 with immediate effect. The appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th September, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.