FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICES EXECUTIVE NORTH EAST AREA - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Starting pay on promotion.
BACKGROUND:
2. The Union's initial claim was for the upgrading of the claimant from Childcare Leader to Psychotherapist following the claimants successful completion of her MSc. At conciliation talks the Health Service Executive (HSE) conceded the upgrading, but are only prepared to remunerate her at Counsellor/Therapist pay scale. The Union contend that the appropriate pay scale for Psychotherapist is analogous to the Senior Clinical Psychologist and are claiming that the claimant be regraded to the Senior Clinical Psychologist pay scale with full retrospection for the upgrade from the time she received her MSc. Management have rejected this. At the hearing Management stated that a National Report on Psychotherapy Services is currently underway and they are awaiting the result of the Report which is due shortly before making any decision.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 18th May, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th September, 2005.
UNION'S ARGUMENTS:
3.1 The length of training for psychotherapy grades is linked with those of Senior Clinical Psychology, whose length of training approximates that of Psychotherapists.
2. As the HSE have made an offer to regrade the claimant's post to that of Psychotherapist, the HSE have offered the scale of Counsellor/Therapist with normal starting pay on promotion to apply. The Union maintain that the appropriate payscale is that of Senior Clinical Psychologist.
3. The grade of Psychotherapist does not exist generally in the HSE area and is not listed in the Department of Health and Children's list of consolidated salary scales. This is because the duties of the grade are carried out by other health professionals mainly consultant Child Psychiatrists in other areas The gradual introduction of a specialist stand alone grade has occurred mainly in the Dublin area, at present two cases. The pay scales and duties which apply in these two cases mirror almost exactly the range of duties carried out by the claimant.
4. The position to which the claimant is seeking regrading requires a large level of skill, experience and academic achievement. The claimant has worked in the area since 1995 and has been carrying out these duties since shortly after that time. The position requires an MSc. in addition to a primary degree. An MSc. is not required for the position of Counsellor/Therapist which the HSE wish to pitch this payscale.
MANAGEMENT'S ARGUMENTS:
4.1 The HSE North Eastern Area has offered the claimant the post of psychotherapist at a rate that has been set by the employer. In the absence of a national grade this would not be unusual practice. Appointment to the post of psychotherapist would increase from €47,918 (the maximum of her current salary scale) to a starting point of €50,477. The maximum point of the scale the Union are seeking is €70,150.
2. Management contend that this offer is a reasonable salary in recognition of the claimants studies and work. The pay scale sought by the Union is applicable to professionally trained Clinical Psychologist. The claimant is not a qualified Clinical Psychologist, the proposed offer is considered fair and proportionate.
3. Following a Conciliation hearing in February, 2005, the claimant was offered a regarding of her post to Counsellor/Therapist, the same salary as the existing Psychotherapist in the HSE North East Area, with normal starting pay on promotion applying i.e. in accordance with the terms of the Department of Health Circular 10/71.
RECOMMENDATION:
In considering this case the Court notes the position that, as referred to in Labour Court Recommendation 17738, a national report on Psychotherapists is imminent and may affect the outcome of this case for the future. However, in the meantime the Court issues the following recommendation.
Having considered the views of the parties expressed in their oral and written submissions, and in the particular circumstances of this case, the Court recommends that the claimant should be placed on point 7 of the Counsellor/Therapist grade, with immediate effect. The Court also recommends that retrospection should be paid back to February 2004. Therefore, she should be deemed to have been placed on point 6 from February 2004, point 7 from February 2005 and she will move to point 8 from February 2006.
Assimilation onto any new grade that might result from the above mentioned report should be in accordance with normal procedures and apply on the same basis as any others affected.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd September, 2005______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.