AD1371

SUBJECT:
1. Appeal of Recommendation of a Rights Commissioner's Decision r-124570-ir-12/MH.


BACKGROUND:

2. This is an appeal by the worker of Rights Commissioner's Recommendation r-124570-ir-12/MH. The issue concerns an employee of Galway County Council who was transferred from his original base to a location which he has deemed to be unsuitable. The Union contends that for compassionate reasons, Management should facilitate the worker in remaining at the location most suitable to him. Management contends that they made every effort to facilitate the worker but could not facilitate his request within their current level of resources.

The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 14th February 2013. The Rights Commissioner recommended that the transfer should proceed and that a review should take place after three months. The Rights Commissioner also suggested that an independent medical review of the workers health should take place after six and twelve weeks following the transfer.

On the 27th March 2013 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 25th September, 2013.


UNION'S ARGUMENT:

3. 1. The worker cannot move location on the basis that there are personal circumstances that require him to remain in his current location if possible. The worker contends that there are staff with relevant skills and experience who would be willing to transfer and that he should remain in his current location.


MANAGEMENT'S ARGUMENTS:

4. 1. Management contend that it has made every effort to accommodate the worker in relation to the transfer but it must do so within its available resources. Regrettably, in the current circumstances it has to transfer the worker to the location in question on the basis of his skill set and experience.

DECISION:

Having considered all of the circumstances surrounding this case the Court has come to the conclusion that there is no viable alternative at this time to the Claimant relocating to the new base. However, the Court would strongly urge the parties to continue to explore the possibilities of addressing the Claimant's concerns regarding the transfer. The three month review proposed by the Rights Commissioner should be utilised for that purpose.

The Rights Commissioner's recommendation is affirmed and the appeal is disallowed.



Signed on behalf of the Labour Court



Kevin Duffy
3rd October, 2013.______________________
AH.Chairman



NOTE

Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.