The Labour Court rejected Portiuncula Hospital’s appeal and upheld a recommendation that a night superintendent return to her former three-on, two-off roster. The decision was signed on 1 September 1997.
The hospital had introduced a five-on, five-off roster in January 1996 after most nursing staff agreed to the change. The worker wanted to remain on the schedule she had previously worked. The hospital said continuing that arrangement would require it to roster another night superintendent on the same pattern and hire an additional superintendent at a projected cost of about £20,000 a year.
The Rights Commissioner recommended that the worker be allowed to return to the earlier roster, with a review in autumn 1998 if either side requested one. The hospital appealed. The Labour Court considered the parties’ submissions and upheld the recommendation, rejecting the employer’s appeal.