ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00031028
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Public Sector Organisation |
Representatives | David Hughes Irish Nurses & Midwives Organisation |
|
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00041613-001 | 18/12/2020 |
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Date of Hearing: 20/05/2022
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)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 information relevant to the dispute.
Background:
The Worker is a Nurse Tutor who has been employed since 2001. |
Summary of Workers Case:
The Worker seeks compliance by the Respondent with Circular 33/2002. |
Summary of Employer’s Case:
The Respondent says the Worker is seeking the application of a clause in a 2002 agreement applied to him now which is unreasonable. |
Conclusions:
In conducting my investigation on 16th December 2021 and 20th May 2022, I have taken into account all relevant submissions presented to me by the parties.
I recommend that the provisions of Department of Health Circular 33/2022 relating to Principal Nurse Tutors who opt to remain in the Centre of Nurse education but not at level of Director of Centre of Nursing Education who receive 95% of salary of Director of Centre for Nursing Education be applied to the Worker immediately by the Respondent with effect from 1st January 2022. In these particular circumstances and without creating a precedent, I recommend that a figure of €12,000.00 be awarded to the Worker by the Respondent as compensation for the delay in addressing this claim. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the provisions of Department of Health Circular 33/2022 relating to Principal Nurse Tutors who opt to remain in the Centre of Nurse education but not at level of Director of Centre of Nursing Education who receive 95% of salary of Director of Centre for Nursing Education be applied to the Worker immediately by the Respondent with effect from 1st January 2022.
I recommend a figure of €12,000.00 be awarded to the Worker by the Respondent as compensation for the delay in addressing this claim.
Dated: 22/11/2022
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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