FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY BARRON MOOHAN O' DONNELL SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-093241-ir-10/SR.
BACKGROUND:
2. This dispute arose from the Worker's dissatisfaction with a change in the type and the location of his work. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 28th February, 2011 the Rights Commissioner issued the following Recommendation:-
- “From discussions held at the hearing I believe there is a very real prospect that a position suitable to the Claimant may shortly exist at the Ballyraine / Kilmacrennan Training Centre in Letterkenny. I recommend that both parties explore the possibility of such a position and of the Claimant transferring to such a post within a period of 3 - 4 months from the date of this recommendation”.
On the 6th April, 2011 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 22nd March, 2012.
3. 1. The Worker has been a loyal and hard-working member of staff for almost 20 years.
2. The Employer has refused to appoint the Worker to a suitable position.
3.The Employer has breached the terms of the Worker's contract of employment.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker is unique in that all other staff successfully redeployed without dispute.
2. The Employer has at all times acted in accordance with the Worker's contract of employment.
3. The Public Service Agreement obliges all staff to be flexible and to cooperate with reasonable change.
DECISION:
In the course of the hearing of this appeal it emerged that the Claimant's primary grievance centres on what he regards as the HSE's failure to provide him with adequate opportunities to apply for alternative posts which are more appropriate to his skills and training.
In these circumstances the Court believes that the recommendation of the Rights Commissioner should be varied so as to address the Claimant's concerns as clarified.
Accordingly, the Rights Commissioner's recommendation is amended so as to provide that the HSE should inform the Claimant of any vacancies arising within the employment, now or in the future, for which he is qualified and that he be provided with a full opportunity to apply for any such vacancies.
The Court so decides.
Signed on behalf of the Labour Court
Kevin Duffy
23rd April, 2012______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.