FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CHILD & FAMILY AGENCY T/A TUSLA - AND - MARIE QUIGLEY (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of a Rights Commissioner's Recommendation R-146163-Ir-14/JT
BACKGROUND:
2. This dispute concerns the Claimant seeking to be reassigned back to her role in the HSE following her transfer to the Child and Family Agency. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 26th March, 2015 the Rights Commissioner issued the following Recommendation:-
- "I cannot find any exceptional or qualifying circumstances in the claimant's case that would merit a rescinding of her transfer."
On the 5th May, 2015 the Employee 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 20th October, 2015.UNION'S ARGUMENTS:
3. 1.The Claimant did not work 80% of her time in Pre-school services therefore she should not have had to transfer to the new Child and Family Agency in line with the framework agreement.
2.A colleague of the Claimant protested against moving to the new Agency and she was allowed to remain within the HSE.
3.The HSE is now recruiting Clerical Officers and this should allow Management the opportunity to re-assign the Claimant back to the HSE.
EMPLOYER'S ARGUMENTS:
4. 1.As the Claimant's post was assigned to a funded children services post, the post was identified as a post that would transfer to the Child and Family Agency.
2.There were a number of meetings held locally prior to the transfer to the new Agency that the Claimant attended and at no stage did the Claimant raise any objection to her transfer.
3.The Claimant's application for transfer remains on file and if a suitable vacancy arises the Claimant's application will be treated in accordance with the policy relating to transfers.
DECISION:
This is an appeal by the Union on behalf of an employee against a Rights Commissioner’s Recommendation which found against her claim to be reassigned back to the HSE. When the Child and Family Agency was set up she was transferred to the new agency, despite her protest. She now seeks to be reassigned back to her role in the HSE. She claimed that she was required to carry out new duties in the new agency in breach of a Framework Agreement on its establishment.
Management stated that the Claimant’s post in HSE was a fully funded children services post and accordingly in line with the Framework Agreement it was identified as a post to be transferred to the new agency. It stated that as the Claimant has formally sought a transfer back to the HSE, if a suitable vacancy becomes available, her application will be treated in accordance with the transfer policy.
In all the circumstances the Court upholds Managements’ right to transfer the Claimant and notes that her application for a transfer back to the HSE is acknowledged and will be processed in due course in line with the transfer policy.
Accordingly, the Court upholds the Right’s Commissioner Recommendation and rejects the appeal.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th November, 2015______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.