FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - PNA DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Acting-up Position.
BACKGROUND:
2. This dispute arose from the HSE decision to move the Worker from the position of Acting Assistant Director of Nursing (ADON) to his substantive post of Clinical Nurse Manager II (CNM II). This 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 was not reached, the dispute was referred to the Labour Court on the 7th September, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th February, 2012.
UNION'S ARGUMENTS:
3 1 The Worker was treated in a very unfair manner.
2 The Worker should be compensated for his significant financial loss.
3 The Worker should be appointed Acting ADON at the earliest opportunity.
EMPLOYER'S ARGUMENTS:
4 1 The Worker was appointed Acting ADON on a one year contract.
2 This ADON post was then suppressed in an attempt to make savings and the Worker was returned to his substantive CNM III post at the end of his one year contract.
3. Concession of this claim is precluded by the terms of the Moratorium on Recruitment and Promotion in the Public Services.
RECOMMENDATION:
The matter before the Court concerns a claim by the Union on behalf of a Claimant that he should be returned to Mayo Mental Health Services as an Acting Assistant Director of Nursing (ADON), where he has been in an acting position for a period of one year, until the post was suppressed as part of cost-containment measures agreed with the Union.
As a result of the suppression of the acting post he held in Mayo Mental Health Services the Claimant was required to return to his substantive role (CNM11) in East Galway.
The Court notes that the actions of HSE West were necessary in order to meet the cost-constraints imposed on it and to comply the Government’s moratorium on promotions and recruitment in the public sector. Accordingly, the Court notes that the transfer back to his substantive role was essentially outside of HSE West’s control. The Court further notes that HSE West was highly complementary of the Claimant’s work as Acting ADON in Mayo Mental Health Services.
Having considered the submissions of both sides the Court recommends that while the moratorium is in place, in the event of a vacancy arising at ADON level in Mayo Mental Health Services, the Claimant should be given the opportunity to act up on a rotational basis in that role. Furthermore, the Court recommends that the Claimant should be notified in the event of positions becoming available at ADON level in HSE West Mental Health Services in the future.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th February, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.