FULL RECOMMENDATION
PARTIES : HSE / CORK UNIVERSITY MATERNITY HOSPITAL DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No. ADJ-00027618, CA-0035271-001 A Labour Court hearing took place on 1 September 2021.
The claimant is currently assigned to a role which is planned but not certain to conclude in April 2022. She maintains that, upon regularisation as an Assistant Director of Nursing, she should have been assigned to a particular post in Cork University Hospital. She seeks to be assigned to that post on the completion of her current assignment. The employer submits that the post to which she wishes to be assigned is occupied by another member of staff and that no option to place the Claimant in that post exists. The employer submits that the Claimant, on completion of her current assignment, will be placed in a suitable and available post in the South/South-West Hospital Group. The employer undertakes to engage at the appropriate time with her, and her Trade Union if necessary, in the process of arranging for her assignment to a post in the Group. The Court notes that no vacancy exists in the post to which the Claimant seeks to be assigned. Having regard to all of the circumstances, including the protracted nature of the dispute between the parties as to the appropriate assignment arrangements for the Claimant, the Court recommends that upon completion of her current assignment the Claimant should, having regard to the needs of the employer and the skillset and experience of the Claimant, be assigned to a suitable post within the South/South-West Hospital Group. The process of assignment should involve engagement between the parties to ensure that due consideration in the decision making process is given to the personal preferences of the Claimant in terms of available assignments at that time. The Court notes that the Claimant has a particular wish to achieve assignment to a particular post in Cork University Hospital. The Court recommends, having regard to the history of the matter, that if a vacancy should occur in that post, the employer should make every effort to facilitate the Claimant with a transfer to that post. Any such transfer should take place only in the context of the needs of the employer, the suitability of the Claimant for the position at the time and the operation of any collective agreements or regulatory framework having relevance at the time as regards the transfer or recruitment of staff generally. The Court so decides.
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