FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH - AND - ROSE BARRY & EILEEN MC CARTHY (REPRESENTED BY INMO) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Claim for Implementation of Agreement to Re-grade Claimants to CNM3 Grade.
BACKGROUND:
2. This dispute concerns the Workers' claim to have an agreement to re-grade them to CNM3 level implemented. The Workers referred the case to the Labour Court on 30th September, 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 12th March, 2014.
UNION'S ARGUMENTS:
3. 1. Were it not for the closure of St. Mary's Orthopaedic Hospital (SMOH) via the transformation programme "Operation South", both Workers would have continued in post and would most probably have been made permanent in the role of Night Superintendents in accordance with the Agreement that came into effect in September, 2012.
2. The Workers concerned co-operated with the transfer of their posts to other hospitals having been given an assurance that they would be returned to the Night Superintendent status they held at the time of the transfers.
3.Both Workers have co-operated with the changes introduced under the Public Service Agreement.
COMPANY'S ARGUMENTS:
4. 1. Management is satisfied that the INMO is aware of the on-going serious financial situation for the Health Services.
2. Major reform programmes are underway across many services having regard to the difficult budgetary situation and in a manner consistent with the reform action plan under the Public Service Agreement.
- 3. Concession of this cost-increasing claim is precluded by the terms of the Public Service Agreement.
RECOMMENDATION:
Having considered the submissions of both parties to this dispute the Court, based on the evidence presented, finds, on the balance of probabilities, that the claimants were given an undertaking that they would, when the hospital was at full capacity, be restored to their effective grade of Night Supervisor at CNM3 Level. As the claimants acted to their detriment on foot of that undertaking the Court takes the view that the HSE is obliged to comply with its terms.
The Court also notes that talks regarding staffing structures will shortly commence between the HSE and INMO.
The Court therefore recommends that the claimants be restored to the CNM3 grade through that engagement and in any event no later than 12 months after the date of this recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
26th March, 2014______________________
CO'RDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.