ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00032044
Parties:
| Complainant | Respondent |
Anonymised Parties | A Nurse | A Health Service Provider |
Representatives | SIPTU Workers Rights Centre |
|
Complaint:
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-00042491-001 | 15/02/2021 |
Date of Adjudication Hearing: 07/02/2022
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following 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 worker submits that she has not received fair and equal access to night duty and that she is, therefore, losing out financially to night shift premium. |
Summary of Worker’s Case:
The worker submits that she has been in continuous employment as a Psychiatric nurse since 2001. Around 2015 the worker and other employees moved to a different location and the worker noticed that another employee was given more night duty than her.
On 24th June 2020 the worker raised a grievance which was acknowledged on 6th July 2020 regarding the less favourable treatment that she was enduring. On 15th July 2020 the worker found out she was unsuccessful in her grievance and appealed this with stage 2 of the grievance taking place on 5th August 2020. The worker was unsuccessful at stage 2 and appealed the decision as she remained unhappy that there was no rationale for the failure to allocate night duty in a fair and equitable manner.
Stage 3 of the grievance was conducted on 4th September 2020 and the outcome issued on 16th September 2020 which advised that management would review the night shift allocation but this has not happened.
On 28th October 2020, the worker advised the Director of Nursing of her unhappiness and as no progress was made the matter was referred to the WRC on 15 February 2021.
It was submitted that the employer had facilitated one member of staff to the detriment of the worker and that this was clearly unfair. It was further submitted that the employer had failed to apply the terms of the Organisation of Working Time Act and Health and Safety legislation in a fair and consistent manner and that the worker should have an equitable share of the night duty.
The worker confirmed that she had been offered other night shifts in a different location but that it was not fair that she should have to move location to avail of this night shift work. It was further submitted by the worker that it would be very unusual for one person to be permanently placed on night shift which would go against normal health and safety guidelines but that the employer had allowed this and failed to monitor this.
|
Summary of Employer’s Case:
The employer did not provide a written submission on the day.
The employer submitted that they have a duty of care to all employees and that they were not in a position to talk about individual circumstances that may result in employees having to work a particular shift.
It was submitted that the employer was satisfied that they had followed their own policy and procedures and health and safety guidelines and would continue to follow them. The employer confirmed that they would regularly review all employees’ needs in line with health and safety and other policies and where necessary refer employees to occupational health.
The employer submitted that the worker had secured a significant amount of night shift including 18 weeks night shift out of her total 38 weeks worked in 2020 and 11 weeks nights in 2021 out of her total 35 weeks worked. It was further submitted that the worker was offered night shift in other locations but that she had declined these.
The employer was doing all that they could to ensure fairness in line with the needs of individuals and the organisation. |
Findings and Conclusions:
I have reviewed the documentation and heard the submissions regarding the worker’s dispute.
The worker is aggrieved at what she regards as unfair and unequitable allocation of night shift. The employer submits that they have been as fair and equitable as they can be in line with policies and procedures including health and safety requirements of the organisation and individual needs.
I am satisfied that the employer has been as fair and equitable as they can be todate within the current constraints.
I recommend that the employer continues to review and follow their policies and procedures, including in line with legislation including health and safety and best practices to ensure, in so far as possible, equitable allocation of shift patterns such as night shift. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the employer continues to review and follow their policies and procedures, including in line with legislation including health and safety and best practices to ensure, in so far as possible, equitable allocation of shift patterns such as night shift. |
ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00032044
Parties:
| Complainant | Respondent |
Anonymised Parties | A Nurse | A Health Service Provider |
Representatives | SIPTU Workers Rights Centre |
|
Complaint:
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-00042491-001 | 15/02/2021 |
Date of Adjudication Hearing: 07/02/2022
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following 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 worker submits that she has not received fair and equal access to night duty and that she is, therefore, losing out financially to night shift premium. |
Summary of Worker’s Case:
The worker submits that she has been in continuous employment as a Psychiatric nurse since 2001. Around 2015 the worker and other employees moved to a different location and the worker noticed that another employee was given more night duty than her.
On 24th June 2020 the worker raised a grievance which was acknowledged on 6th July 2020 regarding the less favourable treatment that she was enduring. On 15th July 2020 the worker found out she was unsuccessful in her grievance and appealed this with stage 2 of the grievance taking place on 5th August 2020. The worker was unsuccessful at stage 2 and appealed the decision as she remained unhappy that there was no rationale for the failure to allocate night duty in a fair and equitable manner.
Stage 3 of the grievance was conducted on 4th September 2020 and the outcome issued on 16th September 2020 which advised that management would review the night shift allocation but this has not happened.
On 28th October 2020, the worker advised the Director of Nursing of her unhappiness and as no progress was made the matter was referred to the WRC on 15 February 2021.
It was submitted that the employer had facilitated one member of staff to the detriment of the worker and that this was clearly unfair. It was further submitted that the employer had failed to apply the terms of the Organisation of Working Time Act and Health and Safety legislation in a fair and consistent manner and that the worker should have an equitable share of the night duty.
The worker confirmed that she had been offered other night shifts in a different location but that it was not fair that she should have to move location to avail of this night shift work. It was further submitted by the worker that it would be very unusual for one person to be permanently placed on night shift which would go against normal health and safety guidelines but that the employer had allowed this and failed to monitor this.
|
Summary of Employer’s Case:
The employer did not provide a written submission on the day.
The employer submitted that they have a duty of care to all employees and that they were not in a position to talk about individual circumstances that may result in employees having to work a particular shift.
It was submitted that the employer was satisfied that they had followed their own policy and procedures and health and safety guidelines and would continue to follow them. The employer confirmed that they would regularly review all employees’ needs in line with health and safety and other policies and where necessary refer employees to occupational health.
The employer submitted that the worker had secured a significant amount of night shift including 18 weeks night shift out of her total 38 weeks worked in 2020 and 11 weeks nights in 2021 out of her total 35 weeks worked. It was further submitted that the worker was offered night shift in other locations but that she had declined these.
The employer was doing all that they could to ensure fairness in line with the needs of individuals and the organisation. |
Findings and Conclusions:
I have reviewed the documentation and heard the submissions regarding the worker’s dispute.
The worker is aggrieved at what she regards as unfair and unequitable allocation of night shift. The employer submits that they have been as fair and equitable as they can be in line with policies and procedures including health and safety requirements of the organisation and individual needs.
I am satisfied that the employer has been as fair and equitable as they can be todate within the current constraints.
I recommend that the employer continues to review and follow their policies and procedures, including in line with legislation including health and safety and best practices to ensure, in so far as possible, equitable allocation of shift patterns such as night shift. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the employer continues to review and follow their policies and procedures, including in line with legislation including health and safety and best practices to ensure, in so far as possible, equitable allocation of shift patterns such as night shift. |
Dated: 2nd March 2022
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Industrial relations, allocation of night shift |
Dated: 2nd March 2022
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Industrial relations, allocation of night shift |