FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MUIR�OSA FOUNDATION LIMITED (REPRESENTED BY ADVOKAT COMPLIANCE LIMITED) - AND - A WORKER (REPRESENTED BY IRISH NURSES & MIDWIVES ORGANISATION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Promotion.
BACKGROUND:
2. The Claimant qualified as a Nurse in 1984 and currently is employed as a Day Services Co-ordinator for South Kildare Region with the Muiríosa Foundation Ltd. (formerly Sisters of Charity of Jesus and Mary). Due to on-going health issues the Claimant works a three-day week. The dispute concerns her claim that she was overlooked when senior promotional posts were being allocated to staff. This is denied by Management.
On the 23rd July, 2013 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 2nd October, 2013.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The Claimant was excluded from the re-structuring process and overlooked for promotion due to her medical condition and her part-time status.
2. Area Directors were selected without advertisement, expression of interest or any criteria set out by which the Claimant could have made herself available for the position.
3. The Claimant has suffered a detrimental effect on her health and well being. She requests an appointment to an equivalent position as that of Area Director and compensation for her exclusion to date.
FOUNDATION'S ARGUMENTS:
4. 1. No promotions have taken place within the Foundation with pay or grade increases, rather some senior staff have additional duties as a result of necessary restructuring taking place.
2. The Claimant was never excluded from training for any reason in fact she has attended twelve training courses between February 2010 and June 2012 alone.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court notes that the employer in this case has put interim restructuring arrangements in place in the South Kildare Region pending the Claimants return to work from sick leave. In that context, the Court recommends that, on the Claimant's return to work, the parties meet to address, through the normal consultation/grievance procedures, management'srestructuring requirements for that region and the implications for the Claimant.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
30th October, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.