FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY UNIVERSITY HOSPITALS - AND - A WORKER (REPRESENTED BY IRISH NURSES & MIDWIVES ORGANISATION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Dispute concerning the transfer of a Worker to another Department after a Dignity at Work investigation in which the Worker was cleared of wrongdoing.
BACKGROUND:
2. The Claimant was a party to a Dignity at Work dispute with two colleagues in the Radiology Department of the University College Hospital, Galway in 2010. An independent investigation concluded that specific complaints against the Claimant and a colleague could not be upheld, however, Management decided to transfer all three staff members to other Departments. The Claimant is of the opinion that as a result of her transfer, she is generally perceived by her colleagues to have been found guilty by the Investigator. The Union is seeking an apology and a compensatory sum from Management for the stress and trauma experienced by the Claimant. Management deny that the transfer of the Claimant to the Out Patient Department can be construed in that manner and consider the matter closed.
On the 20th May 2011 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 15th May, 2012.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. Following the investigation the Claimant was informed at local level that she would be removed from the Radiology Department despite been cleared of any wrong doing. This was both unacceptable and unreasonable as it implied guilt where there was none.
2. The Claimant is a dedicated, hard working Nurse with an excellent record at University Hospital Galway. The decision by Management was prejudicial to her resulting in a perception of guilt.
COMPANY'S ARGUMENTS:
4. 1. The breakdown in relationships in the Radiology Department raised the risk of adverse patient impact. Management therefore behaved responsibly, reasonably and above all appropriately in the circumstances.
2. The rights of the Claimant have not been infringed in any way.
RECOMMENDATION:
The Court is satisfied that the Employer was faced with a significant problem arising from interpersonal difficulties in the Department in question. It is noted that Management transferred all staff in the Department to other duties for reasons related to the better management of the Department concerned and not as a disciplinary matter. The Court accepts that the transfers could not be reasonably construed as such.
The Court recommends that the Management should now confirm to the Union, in writing, that the reassignment giving rise to this dispute was not a disciplinary matter and does not imply any culpability on the part of the Claimant.
Signed on behalf of the Labour Court
Kevin Duffy
21st May 2012______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.