FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Filling of Post.
BACKGROUND:
2. This dispute concerns the non-filling of the post of Regional Continence Advisor in the HSE South, which the Union alleges has been suppressed by the Employer. When the post was vacated, on retirement, in 2003 it was unsuccessfully advertised. It was later re-advertised but the successful candidate did not take up the post. The Employer denies that this post has been suppressed but while it acknowledges that this is an important post it would require the suppression of another nursing post in order to enable the filling of this post.
This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 8th July, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th January, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. It is unacceptable that such a vital post has been suppressed by the Employer.
2. The suppression of this post has as much to do with internal professional rivalries as it has with other considerations.
3.This post should be filled immediately in the interest of the vulnerable and disadvantaged section of the population of Cork and Kerry.
EMPLOYER'S ARGUMENTS:
4. 1. The post ofRegional Continence Advisor is one of many vacant posts across all grades of staff currently vacant in the HSE South.
2. The current financial and employment controls under which the Employer must operate require it to prioritise the filling of all vacant posts.
3.The Employer is committed to filling the post of Regional Continence Advisor when it is in a position to do so.
RECOMMENDATION:
Having regard to the current financial circumstances of the HSE the Court cannot recommend concession of the Union's claim at this stage.
The Court recommends that the situation be kept under review.
Signed on behalf of the Labour Court
Kevin Duffy
12th February, 2009.______________________
JMcC.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.