FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SISTERS OF LA SAGESSE SERVICES CENTRE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. Appeal against the Rights Commissioners Recommendation Ir381/99Cw
BACKGROUND:
2. The worker joined the Centre as a State Enrolled Nurse (SEN) in 1981, and was assimilated onto the Group 1 non-nursing scale for care assistants. In 1998, the Union wrote to the Centre, claiming that the worker had been substantially underpaid since the beginning of her employment. The Union argued that the correct rate for SENs who were appointed prior to 1990 was 90% of the Staff Nurse scale.
At a meeting in April, 1999, it was agreed that the worker receive 90% of the Staff Nurse scale with effect from January 1999. It was also agreed that the matter of retrospection would be referred to a Rights Commissioner for adjudication. Following a hearing in October, 1999, the Rights Commissioner issued his recommendation as follows:
"I recommend that the Centre offers and the worker accepts £12,000
in settlement of this dispute."
(The worker was named in the above recommendation)
The Union is seeking 6 years' retrospection. £12,000 is approximately 2 years' retrospection. The Union appealed the recommendation to the Labour Court on the 2nd of December, 1999, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th of July, 2000, in Sligo.
UNION'S ARGUMENTS:
3. 1. The worker was significantly underpaid for an 18 year period, and the claim for 6 years' retrospection is not unfair. The worker provided a full-time nursing service for the duration of her employment, and carried out the same duties as a Staff Nurse. The Centre has never disputed the legitimacy of the worker's claim.
CENTRE'S ARGUMENTS:
4. 1. The position in the North Western Health Board relating to the payment of SENs is that they are paid at the Group 1 non-nursing salary scale plus £8.50 per week, with the exception of a small group of SENs in Letterkenny General Hospital who were paid 90% of the Staff Nurse rate. This arrangement was 'red-circled' and agreed on a personal basis. It was paid as a result of the group's involvement in the setting up of the CSSD Unit in the Hospital in the early 1980's. This was only confirmed by the Health Board in a letter of the 27th of June, 2000. The Centre had agreed to pay the worker 90% of the Staff Nurse Scale and retrospection from the 1st of January, 1999, on the basis of original information provided by the Board.
2. The worker was offered the job on the understanding that she would work as a nursing/care assistant and would receive the same remuneration as the Group 1 non-nursing salary scale
DECISION:
The only issue before the Court concerns the Union's appeal against the Recommendation of a Rights Commissioner on the amount of retrospection payable to the claimant.
Having considered the submissions of the parties, the Court is satisfied that the Recommendation of the Rights Commissioner is reasonable, and should be accepted. Accordingly, the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
27th July, 2000______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.