FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - PAULINE AHERN (REPRESENTED BY WALLACE REIDY & COMPANY) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Hearing Arising From LCR 20648
BACKGROUND:
2. This dispute concerns the repeated refusal of the Respondent to implement a binding decision of an adjudicator of a dispute relating to Redeployment by the Respondent of the Complainant under Section 6.1 of the Health Sector Redeployment Protocol. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the21st November, 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 20th May, 2015.
WORKER’S ARGUMENTS:
3. 1. The Adjudicator clearly found in favour of the Worker.
2. The HSE must now fully implement the Adjudicator's recommendations.
EMPLOYER'S ARGUMENTS:
4. 1. All vacant posts associated with nationwide changes in the HSE are filled through competitions run in accordance with established policies.
2. The Employer is obliged to conform with this policy.
RECOMMENDATION:
The Court, consistent with the terms of the Public Service Agreement 2010 – 2014 as amended by the Haddington Road Agreement, finds that the decision of the Adjudicator is final and binding on the parties.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
2nd July, 2015______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.