FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MIDLAND REGIONAL HOSPITAL, HEALTH SERVICE EXECUTIVE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Decision No ADJ-00015143.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal of Adjudication Officer's Decision No ADJ-00015143. The dispute relates specifically to the Worker's claim for loss of an allowance upon her cessation of the role which attracted the allowance. It is the Worker's claim that following the Employer's decision to reduce her hours of work she was redeployed to an alternative location where she was no longer carrying out the specialist role with the attached allowance. The Employer rejects the Worker's claim,arguing that it is not in a position to continue to pay an allowance where the functions of that role are not being carried out.
- The matter was referred to a Adjudication Officer for investigation and recommendation. On the 7th March, 2019 the Adjudication Officer issued her Recommendation as follows:
"I recommend that a discussion be held with the Complainant and her Trade Union representative to ascertain any future possibility of placement of the Complainant in the area or areas in which her skill might be utilised. In the meantime, as a gesture of goodwill, the Respondent should offer the Complainant a compensatory lump sum of €1,000 for the initial handling of the situation which could have been handled in a more sensitive manner".
On the 1st April, 2019 the Union on behalf of its member 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 2nd July, 2019.
The following is the Decision of the Court:-
DECISION:
This case is an appeal by a Worker of the decision of an Adjudication Officer. The issue in dispute between the parties is the Worker’s claim for payment of an allowance that the Worker received for carrying out specific functions. It is the Union's claim that although the Worker is no longer carrying out the duties she should still receive the allowance. The Adjudication Officer decided that the parties should engage around the possibility of placing the Worker in an area where her skills could be utilised and awarded compensation of €1,000.
The Worker has acquired specialist skills for which she received an allowance and was working in a specialist area from 2003. Her weekly hours were 19.5. However, in November 2016 the head of the specialist unit advised her that they would have to reduce her hours to 14 hours per week. On that basis she sought re-assignment. The post she was reassigned to did not require the specialist skills she had. The payment of the allowance in respect of the specialist work was stopped in December 2016. It is the Union’s claim that the allowance should be restored to her as she had it for over 13 years.
It is the Employer’s position that the Worker was seconded to a different body and that it was that body that sought to reduce her hours. When they became aware of the situation they sought to engage with the Worker. In their discussions with the Worker they brought to her attention the fact that if she moved out of the specialised area she would lose the allowance. However, the Worker was adamant that she wanted to move. It was their submission to the Court that had they been given the opportunity they could have made up the difference in the hours. The Employer informed the Court that a position similar to the post the Worker previously held may arise in the not too distant future and the Worker could apply for that post. It was their view that not a lot of people who might consider applying for the post would have the qualification that the Worker has, which would make her a strong applicant.
The Court having carefully read the submissions of the parties and listened to the oral submissions on the day decides that the Employer should keep the Worker’s representative informed of any developments in relation to the post that may arise and awards the Worker €1,000 compensation.
The Decision of the Adjudication Officer is varied accordingly.
The Court so Decides.
Signed on behalf of the Labour Court
Louise O'Donnell
12th July 2019______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.