FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROTUNDA HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No(S) ADJ-00007674
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Decision. On the 29 September 2017 the Adjudication Officer issued the following Decision:-
- I recommend that the period the complainant has to work on the day shift be halved to a six week period with a formal review of her progress to take place after four weeks on the day shift.
The Employee appealed the Adjudication Officer’s Decision to the Labour Court on the 9 November 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
Labour Court hearings took place on the 24 January 2018 and the 8 June 2018.
DECISION:
This is an appeal by the Union on behalf of an employee against an Adjudication Officer’s Recommendation which found against her claim that the Hospital had applied an unjust disciplinary sanction against her following an investigation into an incident which occurred on 9thFebruary 2016.
The Adjudication Officer found that the Hospital had acted fairly during all phases of the disciplinary process. He upheld the sanction to remove her from her normal night shift and transfer her to day work for a period of time in order to avail of supervision and monitoring with a view to assisting her improve her interpersonal and supervisory skills. However, he reduced this period from three months to six weeks, with a formal review after four weeks.
The issue before the Court concerned the requirement to transfer to day work. The Union submitted that this would cause difficulties for the Claimant due to her work/life balance commitments and her commute from Kilkenny to the Hospital on a daily basis.
Management put forward a number of options to the Claimant in an effort to address her concerns and to achieve the required objective as outlined above and to enable her to avail of onsite training which is not available on nights. These options were rejected. The Union submitted counter proposals which were not acceptable to management.
Having considered the submission of both sides the Court is of the view that Management’s final proposal dated 7thFebruary 2018 was devised to address both its required objective and to address the Claimant’s concerns. This provides for a six-week review period to include both day working and night working. The details were included in an email dated 7thFebruary 2018, as appended (Appendix 3, Proposal 2) to the Hospital’s submission received by the Court for the hearing on 8thJune 2018.
The Court recommends that this proposal should be accepted in full and final settlement of the appeal before the Court.
On that basis, with the clarification given above, the Court upholds the Adjudication Officer’s Recommendation.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
8 June 2018______________________
THDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.