FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE-WEST. - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Compensation for move to community setting.
BACKGROUND:
2. In 2001 agreement was finally reached on the formal closure of Our Lady's Hospital Ennis. The Claimant, then a Senior Staff Nurse, expected to be compensated in line with its provisions at this time. When this did not happen she raised the issue with local Management and over the following seven years her claim was reviewed and finally rebutted in April, 2008.
On the 3rd November, 2008 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 8th September, 2010.The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS
3. 1. The Claimant was substantively appointed to Our Lady's Hospital Ennis at the time of its formal closure in 2001. There is a well established precedent within Mental Health for compensation for relocation/transfer to community settings hence the 'Castlerea Formula' and other agreements
2. Other nursing colleagues who had moved to Avonree House Kilrush received the 'Castlerea Formula' at the time while the Claimant was excluded. It is now time for equality of treatment at a current indexed figure.
EMPLOYER'S ARGUMENTS:
4. 1. All of the Claimant's assignments since 1996 were in Avonree House and not at Our Lady's Hospital. The Claimant did not change location as a result of the closure of Our Lady's and therefore did not qualify for the closure agreement.
2. The Claimant did not meet the criteria for the 'Castlerea Formula', however, she did receive a 'Location Allowance' for many years up to the date of her retirement in 2009.
RECOMMENDATION:
Given the employment history of the Claimant and the manner in which similar matters have been dealt with in the HSE, the Court upholds the Union's claim in this case. Accordingly, the Court recommends that the HSE pay the Claimant the sum of
€3,214.00 in full and final settlement of this matter.
The Court so Recommends.
Signed on behalf of the Labour Court
Brendan Hayes
27th September, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.