ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004894

Dispute for Resolution:

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 13 of the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Background

The Complainant is employed as a CNM1 with the Respondent. She referred a dispute to the Workplace Relations Commission on 13^th September 2016 in relation to a promotion to CNM2.

Summary of Complainant’s Position.

The Complainant is currently employed as CNM1 in a specified Nursing Home run by the Respondent. The Complainant was successfully placed on a Panel for the next Promotional post for a CNM2 Grade. The Complainant stated that following discussions, agreement was reached concerning the filling of all vacant posts. There had always been 2 CNM2 posts in this Nursing Home since it opened. The Complainant applied for an advertised CNM2 post, was successful and placed second on this Panel. However in December 2015 the Director and Assistant Director indicated their intention to conduct a review of CNM posts within the service. In February 2016 the Unions were informed of the suppression of one of the two CNM2 posts in the specified Nursing Home.

The Complainant as a result lost out on a promotion.

The Complainant referred a dispute to the Workplace Relations Commission on 13^th September 2016 seeking a Recommendation for the retention of the second CNM2 post or in the alternative an extension to the Panel that the Complainant is currently on.

Summary of Respondent’s Position

The Complainant is currently employed as a CNM1 in a Nursing Home. She had been appointed temporally in September 2014 but has been appointed in a permanent capacity since. The Complainant transferred to her current specified location in July 2011. Following the retirement of a CNM2 employee in 2014 the position was advertised. The Complainant applied and was placed second on a Panel.

In January 2015 another CNM2 retired. Management had reviewed the management structure across both site, including the site the Complainant worked in and made a decision that this second CNM2 post was not required in the Complainant’s site. The restructuring now allows for 1 CNM2 and two CNM2 in each of the two sites.

There was a conciliation conference held in July 2016 but no agreement was reached between the Unions and Management.

This Panel has since expired in line with the policy of the National Recruitment Service. The fact that the Complainant had been placed on a Panel does not give an automatic right to be appointed to a particular position.

Findings

On the basis of the evidence I find that a CNM2 post was advertised in 2014 in line with National Recruitment procedures and the Complainant was placed second on this Panel which has since expired.

There is no existing vacancy for a CNM2 post.

Recommendation

On the basis of the evidence I do not recommend in favour of the Complainant.

Rosaleen Glackin

Adjudication Officer

Date:__26^th April 2017___________________