FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BROTHERS OF CHARITY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR16354/03/DI
BACKGROUND:
2. The worker is currently head of the Fairlands Child Development Services Centre which is part of the Brothers of Charity organisation. She has been with the organisation for 12 years. The Centre provides day care and educational facilities for children with intellectual disabilities. The worker is employed in the grade Clinical Nurse Manager, Grade 2 (CNM2) and has been nine years in the grade in the Centre. The Union's case is that because of the added responsibilities the worker has, she should be graded at CNM3 (the Union supplied details of the worker's duties). Management rejected the claim, maintain that the worker was seeking parity with the manager's post at the Rosedale Centre which is three times the size of Fairlands Centre. However, the Union claims that management supported the worker's case and an offer of a 'responsibility allowance' of €1,134 per annum was made in June, 2003. The offer was rejected on the basis that the Department of Health and Children's responsibility allowance was €3,370 per annum.
The dispute was referred to a Rights Commissioner and his recommendation was as follows:-
"In recognition that the worker has taken on additional responsibilities I recommend that her job be upgraded to CNM3 level with effect from July 2001".
(The worker was named in the above recommendation).
Management appealed the recommendation to the Labour Court on the 23rd of July, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 23rd March, 2005, in Galway, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. By offering the worker the acting allowance of €1,134, management has acknowledged her exceptional role in the Centre. The difference between the worker's current pay (plus the €1,134 allowance)and what she would receive on promotion to CNM3 is only €1,167.
2. The worker carries out the same duties and responsibilities as her counterparts in the Rosedale Centre. She provides full and comprehensive management to the Fairlands pre-school service.
EMPLOYER'S ARGUMENTS:
4. 1. The Fairlands Centre, where the worker is employed, is relatively small when compared with other units of service which are headed by a management post at CNM3 level. The worker is seeking parity with the manager's post at the Rosedale School. However, the Rosedale Centre is three times the size of the Fairlands Centre.
2. Management has made a substantial personal offer of a responsibility allowance to the worker of €1,134 per annum in recognition of her indirect supervision of Department of Education staff. This is the standard staff acting up allowance.
3. Concession of the claim could lead to ten such knock-on claims.
DECISION:
The Court is of the view that in recognition of her responsibility for the management of education staff the claimant should receive a responsibility allowance of €3,370 retrospective 1st July 2001.
This decision is based on the unique circumstances pertaining in this case and on the basis that it will not be quoted or relied upon in pursuance of any other claim whatsoever.
The recommendation of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
6th April, 2005______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.