Health Service Executive v A Worker (Represented by Psychiatric Nurses Association)

 
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Labour Court (Ireland)

FULL RECOMMENDATION

CD/17/358

DECISION NO. LCR21674

ADJ-00007245 CA-00009853-001

PARTIES:
Health Service Executive
and
A Worker (Represented by Psychiatric Nurses Association)
SUBJECT:
1

1. Appeal of Adjudication Officer Recommendation No. ADJ-00007245.

BACKGROUND:
2

2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 2 November 2017 the Adjudication Officer issued the following Recommendation:-

I recommend that the parties should accept and implement the recommendations set out in the Stage 3 Grievance Report at 2 nd February 2017 and that in addition the respondent should pay the complainant compensation in the amount of €10,000 (say ten thousand euro) in full and final settlement of all/any issues arising without precedent.

3

The Employee appealed the Adjudication Officer's Recommendation to the Labour Court on the 13 December 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

4

A Labour Court hearing took place on the 21 February 2018.

DECISION:
5

The issue in dispute between the parties arises from an internal process that saw the worker stepped down from an acting position in circumstances where the vacancy continued to exist. The post was subsequently filled on an acting basis from a panel established following a competition. The worker had always understood that he would act in the post for the duration of the secondment of the person who had temporarily vacated the post. The actual process used to arrive at this situation was the subject of an internal review which found that the worker had been treated unfairly. A recommendation was made that the worker should be supported by the employer in achieving the new qualification which was now a requirement for the post. On appeal to the WRC the Adjudicator recommended that the internal report be accepted and that in addition compensation of 10,000 euro should be paid.

6

The Unions position is that the worker should be reinstated in the post even if this means removing the person that is currently in post. The award from the adjudicator does not cover his loss to-date.

7

The Employers position is that they accept the internal report and the Adjudicator's recommendation. The secondment is...

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