FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : OUR LADY'S HOSPITAL FOR SICK CHILDREN, CRUMLIN (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - INO DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR15236 to IR15242/03/TB.
BACKGROUND:
2. Our Lady's Hospital for Sick Children is a 'Band 2' hospital as determined by criteria set down by the Department of Health and Children. The hospital employs 8.5 wholetime equivalent Assistant Director of Nursing (ADN) posts at present.The Director of Nursing (DON) is paid on the non-band one hospital salary scale and receiving a personal allowance.
In June, 2002, two ADN's claimed the Band 1 salary scale.This was rejected by the hospital. Subsequently the Union sought discussions in relation to the salary scale applicable to all ADN's in the hospital.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued as follows:
"I recommend that each of the claimants be placed on the appropriate point of the Band 1 scale from a current date. In respect of past consideration I recommend that ADN's appointed in 1999 be paid a lump sum of €2,000, those appointed in 2000 be paid €1,500 and in 2002 be paid €500."
The Hospital appealed the recommendation to the Labour Court on the 22nd of December, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 2nd of April, 2004.
COMPANY'S ARGUMENTS:
3. 1. This is a cost increasing claim for which the hospital is not funded and for which it does not have the financial resources.
2. The Public Service Benchmarking Body eliminated historical relativity between grades and recommended new absolute levels of pay.
3. If the hospital conceded the Union claim there would be knock-on effects within the hospital and possibly serious implications for other hospitals.
UNION'S ARGUMENTS
4. 1. This is a minor claim and there is specific agreement between the Department of Finance and ICTU allowing for the progression of minor claims.
2. The Union maintain that the DON in Our Lady's Hospital is in receipt of an enhanced allowance that is equivalent to Band 1. There is no good reason why the Band 1 scale is not applied to the ADN grade.
3. Other hospitals have recognised the additional responsibilities in certain Band 2 hospitals and have paid the DON and the ADN accordingly.
DECISION:
The Court considered the written and oral submissions of both parties to the Company's appeal of the Rights Commissioner's recommendation. Due to the Hospital's decision to pay special allowances to both the previous and incumbent Director of Nursing (DON), the Union maintains that the ADON should be treated similarly, in line with the practice in other hospitals. It argues that in cases where the DON has additional responsibilities, the ADON has additional responsibilities also.
From information supplied to the Court the allowance paid to the current DON brings the rate broadly in line with the Band 1 DON rate.
The Court recognises that an anomaly now exists as a result of these special payments and recommends that this anomaly should be rectified. Therefore, the Court recommends that an allowance broadly in line with Band 1 ADON should be paid to the claimants, from a current date. The reference in the recommendation of the Rights Commissioner's to "the claimants be placed on the appropriate Band 1 scale" is accordingly varied by the Court's recommendation.
In consideration of the anomalous situation, which has existed for some time, the Court upholds the lump sums as recommended by the Rights Commissioners in lieu of retrospection.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th April, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.