FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE DUBLIN NORTH EAST - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Loss of earnings.
BACKGROUND:
2. This loss of earnings claim arose from the circumstances of the Worker being transferred. The Worker referred this case to the Labour Court on 29th May, 2013, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 28th August, 2013.
WORKER'S ARGUMENTS:
3. 1. The Worker was unfairly selected for a transfer.
2. The Employer's actions caused the Worker significant emotional stress and financial loss.
3.The Worker should be compensated accordingly.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer was entitled to transfer the Worker to another location.
2. The Worker's grievance was fully investigated.
- 3. Any loss of earnings was due to the Worker's own actions.
RECOMMENDATION:
The Court has carefully considered the submissions made by the parties in this case. It is noted that the Claimant accepts that the HSE was entitled to transfer her to another location.
Her complaints relates to the use of agency staff at the location from which she was transferred and the manner in which the HSE handled her transfer. Specifically, the Claimant contends that the HSE acted unreasonably in directing her to report to a location to which she had been assigned in circumstances in which she had been advised by her trade union to continue reporting to her original location.
In relation to the first complaint, the HSE entered into discussions with the Claimant’s trade union and reached an agreement which was intended to address her concerns. The Court does not see what more could have been expected from the employer.
On the second complaint, the Court cannot accepted that the employer acted unreasonably in directing the Complainant to report to the location to which she had been assigned when she reported to the location from which she had been transferred.
In all the circumstances the Court recommends that the Claimant should accept that the HSE acted reasonably in its dealings with her.
Signed on behalf of the Labour Court
Kevin Duffy
5th September, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.