# Unfair redeployment in Public Service



## 333hannahh (30 Jun 2011)

I have worked in a unit for a state body for the past 9 years.  I am full-time permanent employee.

My unit (which was practically a separate entity) is being dissolved effective today.  A new unit is being set up in a different location across Dublin city which will be doing work that has no relation to the old unit. 

Despite informing management that I am not interested in moving with the new unit as I have no interest in the new work, there is a longer commute that will necessitate me having to change childcare arrangements (which will cost more money), there is no parking (I commute from Kildare to Dublin and public transport not a viable option) and I have told them straight out that I will have difficulty financing such a move, they are insisting that I move to the new unit. 

Out of a staff complement of 20 I am the only one being forced to move to the new unit.  Other members of staff (both higher and lower grades than me) have been given the option to be reassigned in the public service or have been facilitated with working to the new unit but in a location that suits them.  I have not been afforded the same opportunity. 

I have been offered another job with the public service that I could transfer to, but management are refusing to allow me to transfer.

 Does anyone know what rights I have regarding this?  I'm feeling bullied and victimised about being forced to do something that I don't want to do and that makes my life really difficult to manage with my children. 

I have read the Croke Park redeployment agreement and I will probably try to appeal the decision but management are trying to say that this isn't even a redeployment situation.  

Can someone please help?


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## ajapale (30 Jun 2011)

Are you a member of a trade union?


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## steph1 (30 Jun 2011)

What is their reason for not allowing you to transfer or was one given?
Take the matter up with your union rep or speak to the Employee Assistance Officer if there is one.


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## marksa (1 Jul 2011)

Unions are usually the ones to help out on this kind of thing. It's why the public sector is so inflexible. I work in the private sector and have had this kind of thing happen, indeed it's in the contracts of all employees in our company even if it is not a sales job that you can be re-deployed to any of our sites without prior agreement. i.e. look at your contract.


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## Leper (1 Jul 2011)

To answer your question:- The term "exigincies of the service" comes to mind.  The management of your section have made it clear that you cannot be done without (a first by any stretch of the imagination!).  You are obliged to move to the new address (probably in your terms of employment, anyway). Imagine a person working for a small corner shop and its owner decides to open a larger shop across the city/county/country and have his current employees move there.  It is unlikely that they would have the same job at the new location. You are no different public service or private sector.

Bottom Line:- Unless you can negotiate redeployment you must go or resign. Eventhough you cannot be done without, they will allow you resign.

The question you did not ask:- Would you get support from those looking in on your situation?
Answer:- In the light of the current amount of people unemployed, NO.


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## dereko1969 (1 Jul 2011)

Whilst there will be (and already has been) the usual public service bashing in this thread, I think the OP has outlined fairly clearly that s/he is being treated differently to others in the same unit. 

In my experience in the public sector this is quite rare so the OP is right to feel a grievance and should escalate the matter immediately through a union preferably. I would have my doubts about the appeals process under the Croke Park agreement even being in place at this stage.

Before anyone comes on here and goes oh typical public sector whingeing about having to move anywhere, the OP is or should only be looking for fairness, ie all those in the section to be treated in a similar fashion from the OP it's fairly clear that this is not the case.

I've moved in my own job without hesitation, I'm currently in a building where others who should have moved out have refused to for no good reason, so I'm not against the redeployment measures in Croke Park by any means, but fair treatment for all staff in a section to be moved must be the basis for these moves.


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## becky (1 Jul 2011)

Is the OP being redeployed under the Croake Park Agreement.

I know soemone who is being redeployed. She is going through a 6 week consultation period and after that she can appeal to a rights commissioner. She is appealing the method of selection as well.


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## Sunny (1 Jul 2011)

dereko1969 said:


> Whilst there will be (and already has been) the usual public service bashing in this thread, I think the OP has outlined fairly clearly that s/he is being treated differently to others in the same unit.
> 
> In my experience in the public sector this is quite rare so the OP is right to feel a grievance and should escalate the matter immediately through a union preferably. I would have my doubts about the appeals process under the Croke Park agreement even being in place at this stage.
> 
> ...


 
Yeah but the question remains why was she treated differently? I can't imagine management woke up one morning and decided that they would treat 19 people fairly and then pick on one person. The fact that they are saying this is not a redeployment situation means there is probably more to this.


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## dereko1969 (1 Jul 2011)

Sunny said:


> Yeah but the question remains why was she treated differently? I can't imagine management woke up one morning and decided that they would treat 19 people fairly and then pick on one person. The fact that they are saying this is not a redeployment situation means there is probably more to this.


 
I think you're probably right.


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## Mpsox (1 Jul 2011)

As someone who has staff working for him in the private sector, I wouldn't want someone working for me who doesn't want to be in my unit and is doing everything they can, to the extent of even getting a job elsewhere, not to. It's a bizarre complement to the OP that despite s/he not wanting to work in this unit, they are in effect saying s/he is indespinsible

Given that the current unit seeks to exist at COB today, does the current manager have the right to refust the OP transferring to a job they'se secured elsewhere?. I presume there is a manager out there willing to take this person on, could they intervene in some way?


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## 333hannahh (9 Jul 2011)

Thanks for your replies.  The whole situation is extremely stressful for me and I was actually quite upset by the last part of Lepers comment so I hadn’t checked the site again as I didn’t want to open myself up to the usual public sector bashing, however I’m glad to see that Dereko1969 has picked up my grievance pretty accurately.  I just want the same treatment as everyone else in my unit and this has not been afforded to me.  

Obviously I’m grateful that I have a permanent job but just because it’s in the public sector doesn’t mean I don’t work damn hard every day and doesn’t mean that I should be treated like crap by my employer.  I understand that there are a lot of people in the public sector who don’t pull their weight but that’s not me.  I have no problem moving to a different area, in fact the job I’ve been offered is in a different county and I will have to move around a bit – but I don’t mind that because it’s an interesting job and I will be doing something worthwhile.

I am in a union and have contacted them so they are moving things along as much as possible but management are not cooperating as quickly as they should, people are on holidays and not getting back with answers but they want the move to happen at the end of this month.  The reason they have given for not allowing me to transfer to the other job I have been offered is that I’m needed in the new unit.  Of the other people who worked in the office with me, one was allowed transfer to a new job – in not so many words mngt told me this was because her work ethic wasn’t great – and the other was allowed be based in an area that suited him – there was constant conflict between him and the boss and he takes a lot of sick leave.  So because I produce a high standard of work and am very rarely sick they decide that I’m worth keeping.  In a roundabout way it’s flattering but it still doesn’t change the fact I’m being treated unfairly and that I simply can’t afford the extra €25 per day for parking and the extra costs for petrol and childminding.

Mpsox, the manager who offered me the job has contacted my current manager on my behalf to try to intervene in the situation but she was simply told I’m not available.  Becky, mngt are trying to say that this is not a redeployment situation (even though it very clearly is) and Sunny you are right when you say there is more to the situation.  The unit they want to move me to lost staff to redundancy and retirement and under Croke Park they can’t be replaced.  They are seeing this as an opportunity to basically increase their staff numbers and that’s the height of it.  The job I have been offered is of much higher value to the public than what they want me to do – incredibly so.  

I’m feeling a bit more confident about the situation today because mngt very clearly has not followed any redeployment protocol when it comes to me so I’m hoping an adjudicator will see this.  Thanks again for your responses and if anyone has any experience in being before an adjudicator in an appeals process I’d welcome any advice!


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## becky (9 Jul 2011)

Glad you feel a bit better, I did't realise local management could decide if it was redeployment under CP or not.  That said the process should be fair.  

If an adjudictaor is appointed it has to be someone impartial like a rights commissioner or someone but not necessarily.  You should be asked to outline your difficulty/grievance and I'd recommend you write it down and and read it out.  Keep to facts like 19 others not having to move but don't bother with stuff like the bad relationship between the manager and the other staff member or someone not pulling their weight.  They're different issues. 

If you have comparable colleagues who don't have to move (as in they do the same work, are the same grade/title) use them as examples to display the unfairness.


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## csirl (11 Jul 2011)

> I have been offered another job with the public service that I could transfer to, but management are refusing to allow me to transfer.


 
Can you clarify this? Doesnt make sense. 

If you've have a job offer, why cant you simply resign and join the new organisation? Bonded slavery was abolished a long time ago.


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## porterbray (11 Jul 2011)

If you resign, another part of the public service won't usually be able to appoint you due to the recruitment embargo, so it must be a transfer or reassignment.


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## 333hannahh (11 Jul 2011)

csirl said:


> Can you clarify this? Doesnt make sense.
> 
> If you've have a job offer, why cant you simply resign and join the new organisation? Bonded slavery was abolished a long time ago.


 
As PorterBray has said, there is a recruitment embargo in the public service so if you resign the other unit within the public sector wouldn't be allowed to recruit you.  As such, for all transfers within the public sector (at least in the public sector organisation that I work in) you need to have the approval from your manager to allow you to transfer.


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