ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00010611
Parties:
| Complainant | Respondent |
Anonymised Parties | A nurse manager | A HSE hospital |
Representatives | Philip Mc Anenly, Irish Nurses and Midwives Organisation | A HSE Manager and An Employee Relations Manager. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00014006-001 | 18/09/2017 |
Date of Adjudication Hearing: 19/06/2018
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 13 of the Industrial Relations Acts 1969,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 a nurse manager at Clinical Nurse Manager1 (CNM1) level employed by the HSE in the south-east region. She has been employed by the HSE since 1997 and was appointed to her current role in 2007. She says that since the role and its responsibilities had expanded significantly, she wrote to her manager on the 8th September 2010 seeking that she and her post be upgraded to that of Clinical Nurse Manager 2 (CNM2). She says that this would be in line with the grading of the comparable role throughout the HSE, except for the HSE- South East. In her claim over the intervening years she has been represented by her union, the INMO. The claim has been consistently rejected by the HSE managers. The claim was then referred to the WRC, on the 18th September 2017, acknowledged by the WRC on 28th September, advising that an Adjudicator would be appointed to hear the dispute. The complainant is also seeking the upgrade to be applied with some retroactive effect. |
Summary of Complainant’s Case:
As above. |
Summary of Respondent’s Case:
The Respondent says that the HSE in the South East has refused to upgrade this post on the basis that it is not provided for in its funding. They say that they do not dispute that comparable roles across the HSE nationally are graded at CNM2 level. |
Findings and Conclusions:
Discussion on the issues ensued and it was agreed that I would make the following Recommendation: That a meeting, with Regional Management in the South East, will be arranged between the complainant, her union and Management to deal with this matter. That the intention is to upgrade the post. This means also that the current holder will occupy the upgraded post given that she has been performing the duties of the post for 11 years. The issue of retroactive effect to be pursued in parallel. I am recommending that some compromise on this be put forward by the HSE. Given that this case has been pursued by the complainant since 2007, and for long periods ignored, I recommend that, in the context of the case being made by the HSE representatives - who attended the hearing – for the role to be upgraded, that the matter be now concluded by 30th September 2018. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
I recommend, as above under the “Findings and Conclusions”. |
Dated: September 6th 2018
Workplace Relations Commission Adjudication Officer: David Mullis
Key Words:
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