FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : OUR LADY'S HOSPITAL, CASHEL (REPRESENTED BY HSE SOUTH) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Re-Deployment
BACKGROUND:
2. The issue before the Court concerns the proposed redeployment of staff by management from 3 service units back into the main hospital when the need arises. As part of redevelopment, 3 new service units were built on the grounds of the main hospital. It is the Unions position that staff who agreed to be redeployed to these units were clearly told by management in direct discussions that they would no longer be required to work in the main hospital building. Management's position is that no member of staff in the HSE South have in their terms and conditions of employment that they are employed in one single unit, or ward.
The 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 could not be reached, the dispute was referred to the Labour Court on the 22nd December, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour court hearing took place on the 12th May, 2009.
UNION'S ARGUMENTS:
3. 1 The commitments of management should be fully honoured. The staff shortages creating the difficulties could be resolved by management without recourse to redeploying staff from the 3 units.
2 In April 2008 Management committed to conducting a review of the services being provided by the main hospital with a view to matching available staff to service provision. In May 2009 the review has still not taken place.
MANAGEMENT'S ARGUMENTS:
4. 1 No member of staff has ever been given a commitment that they would never have to work in the main hospital building again. Other categories of worker continue to be deployed back to the main building when required.
2 The staff concerned all work on the grounds of the hospital. They work metres from the main building. The whole complex is viewed as one single location. It is the management's right to deploy staff and resources to meet the needs of the service.
RECOMMENDATION:
The Court has taken full account of the submissions made by the parties to this dispute. Having regard to all the circumstances of the case the Court can see no reasonable or acceptable basis upon which staff should refuse to cooperate with the limited requirement to temporarily transfer to the main hospital.
Accordingly, the Court recommends that the staff in question cooperate with the requirements of management in that regard.
Signed on behalf of the Labour Court
Kevin Duffy
28th May, 2009______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.