FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL AMBULANCE SERVICE NORTH LEINSTER AREA HQ (REPRESENTED BY HSE) - AND - A WORKER DIVISION : Chairman: Mr Haugh Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's Recommendation.
BACKGROUND:
2. The case before the Court concerns the Employer's Appeal of an Adjudication Officer's Recommendation No: ADJ-00001117. The dispute relates specifically to the Worker's claim that he was treated in an inequitable manner by his Employer in relation to rostering arrangements. The matter was referred to an Adjudication Officer for investigation and Recommendation. On the 27th July, 2016 the Adjudication Officer issued her Recommendation as follows:
"Based on the uncontested evidence of the Complainant and in light of his claim that his right to a private life have been undermined by his employment persisting on an impermanent/unrostered basis, I find this complaint to be well founded. I recommend that the Complainant be made permanent and rostered into the station, where he is usually based, in the role that he has held there to date, within a period of six months from the issue of this recommendation".
On the 8th November 2016 the Employer appealed the Recommendation of the Adjudication Officer to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 12th January, 2017.
DECISION:
Background to the Dispute
The Worker has been employed as a paramedic with the National Ambulance Service (NAS) since May 2005. He held a rostered position in Birr Ambulance Station until 2008 when he requested a transfer to Athlone for personal reasons. As there was no vacancy at his grade in Athlone Station, the Worker agreed to transfer as an unrostered staff member, thereby surrendering his status as a rostered paramedic. The Worker initially followed a vacant rostered line allocated for a Paramedic Supervisor, however, this position was no longer open following a significant structural reorganisation nationally within the NAS.
The Worker is seeking a Recommendation from the Court that he is entitled to be permanently rostered in the Athlone Station based on local custom and practice. Management submit that any and all locally agreed processes have been superseded by the National Transfer Policy, dated 7 August 2015 and which incorporates a collective agreement. All permanent vacancies that arise are filled in accordance with the terms of this Policy.
Recommendation
The Court has considered the written and verbal submissions of both parties. The Court fully accepts that the criteria in accordance with which vacancies at the relevant grade within the NAS are filled are set out comprehensively and fully in the National Transfer Policy. The Worker’s claim before the Court is effectively an attempt to circumvent the terms of the collective agreement embodied in that Policy. The claim, therefore, fails and the Recommendation of the Adjudication Officer is over-turned.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
19th June 2017______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.