FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MID WESTERN REGIONAL HOSPITAL - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Long Term Acting
BACKGROUND:
2. This case concerns a dispute between the HSE and the INMO in relation to a Nurse who has been acting up to a Clinical Nurse Manager 1 post in Mid Western Regional Hospital since 2004. The Union's position is that that as the worker has acted up in the post she should be appointed permanently to the post. Management's position is that there is still a substantive post holder for this post and concession of the claim would have repercussive effect elsewhere throughout the service. Management further contend that as there are national negotiations ongoing in relation to the regularisation of long term acting up it would be inappropriate to make any appointments until the national discussions are concluded.
The Union referred the matter to the Labour Court on 1st December, 2010 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 16th November, 2011.
The following is the Court's Recommendation:
RECOMMENDATION:
The Court is satisfied that there is merit in the case advanced by the the Union on behalf of the claimant. However the Court notes that there are national negotiations in progress at present aimed at concluding a collective agreement on the position of those in long term acting positions. The Court does not consider it appropriate to pre-empt the outcome of these negotiations by making a definitive recommendation in this case.
The Court recommends that consideration of the cases before the court be differed for a period of five months. If, in the interim, a national collective agreement is concluded the case of the claimant be dealt with in accordance with that agreement. If no agreement is concluded in that period the union's claim should be considered on its own merit.
The Court further recommends that the claimant continue in her acting position in the interim.
Signed on behalf of the Labour Court
Kevin Duffy
6th December 2011______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.