FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TRINITY COLLEGE LIBRARY - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appeal of Recommendation of a Rights Commissioner R-092889-IR10/EH
BACKGROUND:
2. The case before the Court concerns a claim by the Union on behalf of its member in relation to her re-deployment to an alternative position. The Worker has been employed in Trinity College Library since 1978. In 2006, the Worker was involuntarily transferred from her position to a lateral position within the Library. The Union contends that at the time of the Worker's transfer she was provided with a written statement from her Employer advising her that this was a permanent transfer and that she would not be moved again from this new position. In 2009, the Employer informed the Worker and 2 of her colleagues that due to business requirements they would be required to move to another position within the Library. In 2010, the Employer engaged with the Union to discuss the re-deployment of the 3 members of staff however the Union informed the Employer that the Worker was refusing to move on the grounds that she had previously been guaranteed that she would not be required to transfer again. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 14th October 2010, the Rights Commissioner issued his Recommendation as follows:
"I recommend that (the Worker) co-operates fully with the relocation and with on-going change in the Library within the College".
On the 8th November 2010, the Worker 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 27th January 2011.
UNION'S ARGUMENTS:
3. 1. The Worker was provided with a written guarantee that she would not be required to transfer from the position she relocated to in 2006.
2. The Worker is the only employee to which an involuntarily move has been imposed upon on two seperate occasions.
3. The Employer is acting in breach of the terms of the Programme for Competitiveness and Work (PCW) Agreement by requesting the Worker to involuntarily relocate to an alternative position despite being given a permanent post in 2006.
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4. 1. The Employer has identified a genuine business need to relocate the Worker to an alternative location and contends that the Worker's former position will cease to exist.
2. The Employer contends that no written guarantee was given to the Worker when she previously transferred within the Library and any such written statement provided to the Worker was not intended to infer a permanent fixture from which the Worker could not be moved from again.
3. The Employer further contends that it is a contractual entitlement to transfer employees in line with business requirements if and when required.
DECISION:
The worker appealed the Rights Commissioner’s Recommendation, which found against her claim that the College had no right to transfer her from the Official Publications Department to another location within the Library Service of the College. The Appellant submitted that she had a written guarantee given to her in 2006 which prevented management from transferring her.
The College submitted that Library management identified a need to relocate the Official Publications Department into the Collections Management and consequently all three members of the Department were required to relocate.
Having considered the submissions of both sides the Court does not accept that the Appellant cannot be transferred in the circumstances described and accordingly the Court concurs with the Rights Commissioner’s Recommendation that the Appellant should co-operate fully with the relocation and with on-going change in the Library within the College. Accordingly, the worker’s appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd February 2011______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.