FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE DUBLIN (TCD) - AND - IRISH HOSPITAL CONSULTANTS' ASSOCIATION DIVISION : Chairman: Ms Owens Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Dispute concerning the granting of consultant status to one Top Grade Biochemist.
BACKGROUND:
2. The claimant is a Top Grade Biochemist employed in a wholetime joint appointment between Trinity College and St. James's Hospital, Dublin. He has been in the employment since 1969. The salary scale on which the claimant was initially employed was not on a standard College academic salary scale. However, in 1971 he was assimilated into the College's academic pay scales at the 4th point of the College professorial scale, the highest academic grade. The post was structured by Comhairle na nOspid�al in 1982. The employee does not have medical consultant status. The Union is claiming that the consultants' academic common contract should be applied to the claimant and that he be remunerated in accordance with the provisions of the said common contract. The College rejected the claim. The dispute was referred to the Labour Relations Commission and a conciliation conference was held on the 8th May, 1997. Agreement was not possible and the dispute was referred to the Labour Court by the Labour Relations Commission on the 21st May, 1997. A Court hearing was held on the 15th July, 1997.
UNION'S ARGUMENTS:
3. 1. The claimant was appointed through open competition to the post of Senior Lecturer in Clinical Biochemistry with a joint commitment to TCD/St. James's Hospital. The appointment was a full-time one and the duties specified required him "to develop and direct the central biochemistry laboratory for the Federated Dublin Voluntary Hospitals and to undertake such teaching, examination and other duties as may be required by the professors of biochemistry and pathology".
2. The post of Biochemist Top Grade, of consultant status, is an identical position to that of hospital medical consultant in that the post is not filled through promotion.
3. In 1982 Comhairle na nOspid�al approved the restructuring of the post of Top Grade Biochemist as a joint appointment on a wholetime basis by St. James's Hospital/Trinity College.
4. Any ambiguity regarding the status of Biochemist Top Grade was removed by a Department of Health letter in January, 1972 in which the Department accepted that the Biochemist Top Grade posts are of consultant status.
5. The Top Grade Biochemist has, with one exception, identical work and responsibilities as that of Chemical Pathologist a medically qualified (doctor) hospital consultant (details to the Court). The claimant is obliged to fund professional indemnity insurance on the same basis as medically qualified consultants in laboratory medicine.
6. The claimant has the same on call liability as that of medical consultants.
7. Consultant Dental Surgeons with joint academic appointments to the Dental Hospital and Trinity College were awarded the common contract and salary. Medically qualified consultants in the exclusive employment of the Blood Transfusion Service Board have also been awarded the common contract despite not having a hospital base.
8. The non-concession of the claim is costing over £20,000 which will be exacerbated considerably when the Buckley Report negotiations are concluded.
9. The claimant is the only academic joint appointee of consultant status in the entire public hospital and medical school system. There is no other appointee who can claim to be in the same position as he.
COMPANY'S ARGUMENTS:
4. 1. The effect of the 'restructuring' referred to in the Comhairle na nOspid�al letter of 1982 had the effect of formalising a de-facto situation which had been in operation since the claimant's initial appointment and reflected the new situation arising from the transfer of laboratory services from the Federated Dublin Voluntary Hospitals to a new consolidated laboratory at St. James's Hospital. There was no salary implication arising from this letter nor was there any expectation by either party that this implied a salary change.
2. The common contract negotiated in 1992 was restricted to medically qualified staff. The claimant was excluded because he did not hold a medical qualification.
3. It is not within the College's remit to grant contract terms on a similar basis to posts which quite specifically require post holders to be registered medical practitioners. This is a function of Comhairle na nOspid�al which has determined that the claimant's post is Top Grade Biochemist.
4. Comhairle na nOspid�al regulates the number of, and qualifications required, by Top Grade Biochemists, and there are six holders of such posts. Any unilateral change in the status of a Top Grade Biochemist will clearly have a knock-on effect on other holders of Top Grade Biochemist posts who are employed throughout the Health Service.
5. The salary of the claimant is currently £6,003 above the maximum salary scale for Top Grade Biochemists.
RECOMMENDATION:
The Court has examined the submissions from the parties and the detailed evidence as to the historical background to the claim. It is clear to the Court that the claimant has consultant status and the only apparent reason he has not been granted the salary applicable to that grade is the condition in the "common contract" that a "medical qualification" is essential. This has effectively excluded the claimant.
On the basis of the responsibility, expertise etc. attached to this post of Top Grade Biochemist and taking into account his uniqueness as the only academic joint appointee of consultant status in the entire public hospital and medical school system, the Court is satisfied that his present rate of remuneration is inadequate. In particular the Court notes that he is not in receipt of on-call or emergency call-out payment which his colleague on the same rota enjoys.
The Court recommends that from July 1994 the claimant be paid at the max. of the professorial scale which is linked to that of Assistant Secretary in the Civil Service and in addition annual payments for on call and emergency call-out be made.
Signed on behalf of the Labour Court
Evelyn Owens
21st July, 1997______________________
T.O'D./S.G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.