LCR22356

FULL RECOMMENDATION

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

HSE NATIONAL AMBULANCE SERVICE
(REPRESENTED BY HSE NATIONAL AMBULANCE SERVICE)

- AND -

IAN CLARKE

DIVISION :

SUBJECT:

1.Appeal of Adjudication Officer Decision No(S). ADJ-00025054 CA-00031839

BACKGROUND:

2.The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 8 October 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 14 September 2020 the Adjudication Officer issued the following Decision:-

“In the specific circumstances of this dispute, and without creating any precedent, I recommend the Complainant's position be regularised as Supervisor at the earliest opportunity. "

A Labour Court hearing took place in a virtual setting on 2 February 2021.

DECISION:

This is an appeal by the Employer of the Decision of an Adjudication Officer in respect of the Worker’s claim to be regularised in the position of Paramedic Supervisor in Loughlinstown station.

It is the Workers submission that he had been acting in the position of Paramedic Supervisor in Loughlinstown since April 2013. He was given a contract in 2016 to cover the period 2013 to October 2016.

However, when that contract expired, he continued to act in the role. Initially he was not paid for the acting up but he subsequently received all money due to him. In April 2019 the post was filled on a permanent basis and he was reverted to his substantive role. Since March 2020 he has been appointed to a permanent post as Paramedic Supervisor but is located in Roscrea. He is seeking to be assigned to Loughlinstown or Wicklow base.

The Employer submitted that all times they acted in accordance with the collective agreements that were in place at the time. The Employer advised the Court that the Worker is currently placed No 1 on the transfer list for Arklow and Loughlinstown and No 2 for Wicklow.

It was their submission that the normal practise is that when a vacancy at this grade arises in an area, they look in the first instance to the transfer list to fill same.

The Employer informed the Court that they were aware of a vacancy arising in Loughlinstown in April 2021 and that the Worker as the person who was first on the panel would be offered same. The Employer confirmed to that Court that they did not foresee any impediment to filling the post when the vacancy occurred.

The Worker informed the Court that this was the first time he had been made aware of his place on the various transfer panels and that there was a vacancy arising in the near future.

The Court having listened carefully to both sides recommends that the Worker be offered the position in Loughlinstown as soon as is practicable after it falls vacant.

The Decision of the Adjudication officer is set aside

The Court so Decides.

NOTE

Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.