FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE DUBLIN MID LEINSTER - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Recommendation R-138594-IR-13/EH.
BACKGROUND:
2. The case before the Court concerns the Union's appeal ofRights Commissioner's Recommendation R-138594-IR-13/EH.The dispute relates to the Worker's claim for regularisation of her post to Clinical Nurse Manager 2 (CNM2) level. The Worker contends that she has been placed in the position and is carrying out the duties of a CNM2 since January 2012 and accordingly is currently seeking permanent placement in the post. The Employer rejects the Worker's claim arguing that she was redeployed into the post on her current grade CNM1. The Employer further maintains that it is bound by the terms of the current Public Service Agreement and is not in a position to fill the post during the course of the ongoing recruitment embargo. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 8th January 2014, the Rights Commissioner issued his Recommendation as follows:
"I recommend that *the Claimant is paid an acting up allowance equivalent to the rate of CNM2 with effect from 30th January 2012 until such a time as this post is properly filled through the appropriate mechanism.
This has to be done within six weeks of the date below".
On the 13th February, 2014 the Union on behalf of its member 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 16th April, 2014.
UNION'S ARGUMENTS:
3. 1. The Worker has been carrying out the CNM2 role since January 2012.
2. The Worker applied for and was successfully interviewed for the CNM2 post which she has taken up since 2012.
3. The Worker is currently seeking permanent appointment into the post.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer maintains that the Worker was redeployed at her own request into the position on her current grade.
2. The Employer is bound by the terms of the Public Service Agreement and is not in a position to concede the Union's claim.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court notes the commitment given by Management in the course of the hearing to the effect that the Claimant holds her current post on a permanent basis and accordingly affirms the decision of the Rights Commissioner.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
28th April 2014______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.