FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST LUKES GENERAL HOSPITAL - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Recommendation ADJ-00009010.
BACKGROUND:
2. The case before the Court concerns the Claimant's appeal ofan Adjudication Officer's Recommendation ADJ-00009010.The dispute relates specifically to the Claimant's claim to remain on her current nursing terms and conditions of employment whilst she fulfils the role of a Clerical Officer. The Employer rejects the Claimant's claim and the matter could not be resolved at local level.The matter was referred to an Adjudication Officer for investigation and recommendation. On the 18th December 2017, the Rights Commissioner issued his Recommendation as follows:
"I deem that the Respondent is correct and reasonable in its decision to expect the Complainant, who is employment as a Clerical Officer, to hold the terms and conditions of a Clerical Officer and not that of a Staff Nurse. I have heard that the respondent said that it erred in not transferring the complainant over to the Clerical Officer pay scale back in December 2014. However, it does not intend to try to recover the additional wages paid. I would fully support that decision in this particular circumstance.
Finally, I note that this recommendation will have financial implications for the complainant and as a gesture of goodwill to lessen the blow I would recommend that the complainant not to be reverted to the Clerical Officer salary, terms and conditions for at least 2 months from the date of this recommendation".
On the 26th January 2018, the Claimant appealed the Adjudication Officer'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 3rd July, 2018. The following is the Decision of the Court:
DECISION:
The issue in dispute between the parties is the Employers position that the Worker should be paid as a clerical officer following her re-assignment to that position. The Worker was originally employed as a staff nurse. However, following a period of sick leave the Employer’s Occupational Health Doctor recommended that she be moved to different work. The Employer engaged with the complainant and occupational health and it was agreed that she would be assigned to a clerical officer role on a three-month trial basis and that for the duration of that period she would maintain her nursing salary. The Worker took up the post on a trial basis on 20thAugust 2014 her Union on her behalf maintained that she should retain her nursing salary on a red circled basis. There was a number of engagements around this issue the Employer reaffirmed its position that the Worker would be re-assigned as a clerical officer and paid at the max of the Clerical officer scale. The Employer indicated this would take effect on Monday 3rdJuly 2017.
It is the Union’s position that the Worker should be left on her nursing salary on a red circled basis. It was confirmed to the Court that there is no chance of the Worker returning to nursing duties in the foreseeable future. The Employers position is that the Worker is currently being supported to work as a clerical officer and therefore should be paid the appropriate rate for the work she is doing. The Worker currently has a nursing payroll number which means the Employer cannot backfill her nursing post unless she is reassigned as a clerical officer.
The Court having read both parties submissions and listened carefully to the submissions on the day recommends that the Worker is reclassified as a clerical officer from the first pay-date in October 2018.
The decision of the Adjudicator is varied accordingly.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
17th July 2018______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.