FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE-EA - AND - MEDICAL LABORATORY SCIENTISTS ASSOCIATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Re-hearing arising from LCR17795.
BACKGROUND:
2. LCR 17795 dealt with the Union's claim arising from the HSEA's (now HSE-EA) implementation of the report of the Expert Group on Medical Scientists with regard to payment for on-call payments. The Union's claimed that the HSEA had broken with a long-established method of calculation of these payments which resulted in the Medical Scientists being deprived of expected pay increases. In February, 2002, the Expert Group recommended increases of 5.72% on the 7th point of the basic grade but, the Union claims, the HSEA did not extend this increase to the on-call payments. The full details of the case are contained in LCR 17795. The Court recommended that the parties seek clarification from the Expert Group. However, the parties agreed to refer the case back to the Labour Court and a hearing took place on the 9th of December, 2005. The following is the Court's recommendation:-
RECOMMENDATION:
The issue before the Court concerns the Union's claim for the adjustment of the on-call/ call-out/ out-of-hours payments/ allowances in line with increases in pay to Medical Scientists following implementation of the Report of the Expert Group on Medical Laboratory Technicians / Technologist Grades.
Management informed the Court that similar increases had not been granted to any other grade of staff who have concluded similar restructuring deals.
Having considered the views of the parties expressed in their oral and written submissions, the Court is of the view that the Report provided for increases in pay related to a restructuring of the service and, in that regard, the Court does not recommend the application of such increases on on-call/ call-out/ out-of-hours payments/ allowances. The Court notes that such payments/allowances continue to attract increases in line with national wage agreements.
Therefore, the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st December, 2005______________________
CON/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.