FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WEXFORD COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Recommendation of a Rights Commissioner r-092819-ir-10/TB
BACKGROUND:
2. The Claimant is an Assistant Librarian based in Wexford town since July 2000. In August 2009 she was advised that she was being transferred to Bunclody, a distance of 43 Km, to take up the vacant position of Senior Library Assistant which is a grade below her existing grade. The Claimant transferred to the Bunclody branch under protest on 30th November 2009. The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 21st September, 2010, the Rights Commissioner issued his Recommendation as follows:-
" The Council should reassign the claimant to a position consistent with her contract by no later than the end of October 2010."
On the 27th October, 2010 the Worker appealed the Rights Commissioners 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 28th April, 2011.
UNION'S ARGUMENTS:
3. 1. There was a lack of consultation and consideration of the Claimant's situation throughout the process. She has had to travel an extra 440 km per week for over ten months.
2. In addition to the considerable disruption to her work/life balance arrangements plus the demotion to a lower grade and subsequent loss of self esteem, the Claimant also incurred additional travel expenses for which she should be compensated.
COMPANY'S ARGUMENTS:
4. 1. The transfer to Bunclody was an interim measure for as short a period as possible and was necessary in response to the then current staffing levels in the Library Service.
2. While the transfer may be unwelcome, the Claimant's grade and salary were not affected. The Council must retain the right to move staff between branches in order to deliver an acceptable community service.
DECISION:
The appeal before the Court made by the Union on behalf of the Claimant against a Recommendation of the Rights Commissioner which recommended that the Council should reassign the Claimant to a position consistent with her contract by no later than the end of October 2010. The Claimant was accordingly reassigned back to Grade V duties in Wexford Library. Although welcoming the Recommendation, the Union appealed it on the basis that the Claimant had incurred additional expenses in commuting and working in Bunclody for a period of eleven months and it sought compensation.
Having considered the submissions of both parties the Court accepts that the Council has the right to transfer employees in accordance with the business needs of the Council. However, the Court takes the view that coupled with that right the Council has certain responsibilities to such employees, especially in circumstances such as these, where while retaining her substantive grade (for pay and conditions purposes), the Claimant was required on transfer to carry out duties of a lower grade. In such circumstances, the Court is of the view that the Council has an obligation to keep the Worker informed of the nature of the transfer, its likely duration and developments and efforts being made to return the Worker to his/her substantive duties. The Court recommends that a review of the situation should take place after no later than twelve months in such circumstances.
In this case the Court is of the view that the Council had the right to transfer the Claimant in the circumstances outlined, she was given an opportunity to make an input into the decision, however, she declined to do so. As outlined above, the Claimant had a right to be kept informed of ongoing developments which eventually led to her returning to a position where she was carrying out duties appropriate to her grade. She should not have been left in a position where she felt compelled to take a case to a third party to seek to be transferred back to Wexford.
As the transfer to other duties in this case was in accordance with the Council’s requirement for the reorganisation of staff across its services, the Court does not recommend compensation for the expenses incurred by the Claimant in the temporary transfer and accordingly rejects the appeal.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th May, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.