FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WATERFORD REGIONAL HOSPITAL (REPRESENTED BY HEALTH SERVIC EXECUTIVE-SOUTH EAST AREA) - AND - IT STAFF (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioners Recommendation IR17247/03/GF.
BACKGROUND:
2. The case before the Court concerns a dispute between the parties as to the appropriate date of regrading for two employees of the IT Department in Waterford Regional Hospital.
Initially, sanction had been given in the HSE Southern Area in July,1999, for restructuring within the IT Department. The restructuring of the IT Grades did not apply in Waterford Regional Hospital until a second sanction for restructuring in March, 2002.
The Union is claiming that the regrading and the appropriate retrospection be applied from July, 1999, when the restructuring took place in the HSE.
The HSE rejects the claim on the basis that the date that applies to IT staff in the Waterford Regional Hospital is the 7th March, 2002, when the second sanction for restructuring was approved.
The matter was referred to a Rights Commissioner for investigation and Recommendation. His findings and Recommendation issued on the 9th of August, 2004, as follows:-
" I am satisfied by the validity of the IMPACT arguments and on the basis of the information to hand I am finding in their favour and recommending the implementation of application for the upgrading for the Waterford Regional Hospital be July 1999".
On the 17th of September, 2004, the employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th of October, 2005.
UNION'S ARGUMENTS:
3. 1. The restructuring which occurred in Head Office in 1999 should also have applied to IT staff at Waterford Regional Hospital.
2. It is inappropriate to treat staff at Waterford Regional Hospital less favourably than those employed at the Head Office in Kilkenny.
3. The Health Service Executive failed to include the IT Department of Waterford Regional Hospital in their submission to the Department of Health and Children. If they had, the upgrades would have applied from July, 1999.
HSE'S ARGUMENTS:
4. 1. The sanction had not been given until March, 2002, for regrading within Waterford Regional Hospital so the original date of July, 1999, does not apply in this case.
2. IT staff at Waterford Regional Hospital were eligible to compete for the upgraded posts in July, 1999.
3. The Claimants in this case were not employed by the HSE in July, 1999. They commenced employment in August and November, 1999, respectively
DECISION:
Having fully reviewed the written and oral submissions of the parties, the Court finds that, as there was no sanction for them, the posts could not have existed prior to 7th March, 2002, and that, in all the circumstances, the Hospital acted reasonably.
The Court allows the appeal, overturns the Recommendation of the Rights Commissioner and confirms the 7th March, 2002, as the correct operative date for regrading and retrospection.
Signed on behalf of the Labour Court
Raymond McGee
20th December, 2005.______________________
AH/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.