Labour Court upholds recommendation to transfer HSE West worker to CNM1 post

The Labour Court rejected Health Service Executive West’s appeal and upheld a recommendation that it make every effort to transfer or reassign a worker to a CNM1 post at Cleary House in Letterkenny, continuing until a post was offered. The decision was dated 18 July 2018. The worker, represented by the Services Industrial Professional Technical Union, had complained that she was not given the chance to apply for a vacant post. The union said promotional posts had previously been filled from the national recruitment panel. Health Service Executive West said it used the vacancy to relocate a current CNM1 under a new agreement with unions. The Court found it unfair that management filled the vacancy before the worker’s grievance was resolved and that the same manager decided on the transfer and heard her grievance. It also rejected the employer’s claim that a transfer agreement had been reached, as no record supported that position.