FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE AMBULANCE HQ (REPRESENTED BY HSE) - AND - MR DAVID O' CONNOR (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of a Rights Commissioner’s Recommendation r-113796-ir-11-JOC
BACKGROUND:
2. This Claimant is a Leading Ambulance Person in the HSE. This dispute arose when the Claimant applied to work overtime when a vacancy arose. A few days later he was told he was not required to work the overtime as a non-rostered person had become available. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 7th February 2012 the Rights Commissioner issued the following Recommendation:-
- “Having considered all the evidence I am satisfied that overtime is not a right. Members on the roster who have not yet completed the quota of hours for the period are given the opportunity to work up the hours. This has always been the case.
In all the circumstances I cannot support the claimant’s argument, and I uphold the respondent’s position”.
On the 22nd February 2012 the Employee 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 14th March 2013.
UNION'S ARGUMENTS:
3. 1. On the 12th June 2010 the Claimant noticed in the leave book that an overtime shift was coming up on the 18th June.
2. The top 20% relief factor had already been allocated their 39 hours for the week so the Claimant entered his name as available.
3.On Thursday 17th June 2010 the Claimant was told by the Operational Resource Manager that he was cancelling the overtime shift and allocating the hours on a flat rate to a non-rostered person outside the top 20% relief factor.
EMPLOYER’S ARGUMENTS:
4. 1. The issue of on-call and the reduction of same have been the subject of on-going discussions between the HSE Ambulance Management and the Union since the late 1990s.
2. In the HSE South the allocation of overtime to those staff who make themselves available is based on a point system. Overtime is offered based on the lowest accumulation of points.
3. As service needs change on a daily basis, Management are regularly required to review rosters, and re-allocate staff to meet service demands. This may include cancelling of scheduled overtime for individual staff members and/or reallocation of duties to meet emergency demands.
DECISION:
The Court has given careful consideration to the submissions of the parties in this case.
In all the circumstances the Court finds that the conclusions reached by the Rights Commissioner are supported by the facts of the case and the recommendation is appropriate.
According the Court disallows the appeal and affirms the recommendation of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
27th March, 2013Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.