LCR23104

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00050810 (CA-00062439, IR-SC-00002418)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 15 October 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 23 August 2024 the Adjudication Officer issued the following Recommendation:

“I have found merit in this Dispute.

I make this Recommendation to seek to address the current sense of displacement and impasse asserted by the Worker alongside the Employer quest for an equilibrium in staff relations.

“I urge the Parties to consider the following suggested move forward

I recommend that the Employer holds back and preserves one month paid sick leave block in the event that the worker is in a position of exhaustion of paid sick leave in the future.

The Worker will continue to work as an HCA on night duty as a mobile Pool worker at the Hospital. This is to be reviewed conjointly with his line Manager after 1 year, where further options can be discussed. This will ensure preservation of earnings.

The Worker accepts that 7 continuous nights work pattern on a permanent basis is neither advisable for him nor available to him at the Hospital.

The Worker agrees to draw a line in the sand and wipe the slate clean on all existing complaints up to and including the date of this Recommendation.

The Worker agrees to adopt an open communication style with his line manager and to follow up any cause for concern promptly, preferably, before the sun sets on them.

I recommend this Recommendation for the attention of the Parties.”’

A Labour Court hearing took place on 27 January 2025.

DECISION:

Background to the Appeal

This is an appeal by the Worker from a Recommendation of an Adjudication Officer (IR-SC-00002418, dated 23 August 2024) under section 13 of the Industrial Relations Act 1969. Notice of Appeal was received in the Court on 2 October 2024. The Court heard the appeal in Galway on 27 January 2025.

Background to the Dispute

The Worker has been employed as a Health Care Attendant since 19 April 2014 in Galway University Hospital. The Worker has a strong preference for working nights. Between 2021 and 2023, the Employer had facilitated the Worker’s preference and he was rostered on night work only for that period, working seven nights on followed by seven nights off.

In June 2023, an issue concerning the Worker arose in the workplace in response to which the Employer removed the Worker from night duty. The Worker raised a grievance on 19 June 2023 in relation to this change to his working pattern. The Worker availed himself of all stages of the Employer’s grievance process. The process concluded in February 2024 and the Worker’s grievance was partly upheld and the Worker received an apology in relation to shortcomings in how management dealt with the issues raised. The Worker resumed night work albeit on a different pattern to that which he had worked between 2021 and 2023. He now works 4 successive nights one week followed by a break for 3 days and 3 nights; he works 3 nights in the second week of each cycle.

The Worker went on sick leave for a period of eight weeks and received sick pay in accordance with the applicable regulations and circulars. The Worker contends that he would not have had to avail himself of sick leave but for the inappropriate manner in which management dealt with the issues that arose in 2023. He is seeking restoration of his sick leave entitlements and reinstatement of his previous working pattern.

Discussion and Decision

The Court notes that the Worker received an apology for any distress caused to him by Management’s approach to investigating the initial complaint against him and the subsequent grievance he raised. The Court further notes that the Worker was advised in writing by the Director of Nursing on 23 October 2023 that she would not be recommending that he return to his previous work pattern as working seven consecutive nights is not conducive to an employee’s well-being. The Court does not, therefore, recommend concession of the Worker’s request to be permitted to resume his previous work pattern in the light of the explanation provided to the Worker by the Director of Nursing. The Court finds that the Worker’s current work pattern is appropriate having regard to the nature of his work as a Health Care Attendant.

The Court also finds that there is no provision within the Regulations or Circulars that apply to paid sick leave entitlements in the public sector that permit the Employer to restore to the Worker the period of paid sick leave he availed himself of in 2023. The Court, therefore, does not recommend concession of this aspect of the claim either.

The appeal fails and the Recommendation of the Adjudication Officer is varied.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
TH	______________________
5th March 2025	Deputy Chairman

NOTE

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