FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE NORTH EASTERN AREA - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Remuneration.
BACKGROUND:
2. The dispute concerns a worker who is employed since June, 2002 as Deputy Manager of the Rath na nOg High Support Centre, Bree Castleblaney, Co Monaghan. The Centre deals with clients with emotional and behavioural problems. The worker is currently being paid at 90% of Department of Education and Science rates. The Union claims that the full salary (100%) should be paid to the claimant. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 11th February, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 2nd February, 2006.
UNION'S ARGUMENTS:
3 1. Prior to accepting his post the claimant raised the matter of salary with Management. He was informed the only salary available to him was the equivalent of 90% of the Deputy Manager in Special Schools, Department of Education and Science. He was left with no option but to take the position on these terms with a view to contesting the salary scale later.
2. The facility where the claimant is employed is very similar to the Crannog Nua one in Co. Dublin where the Deputy Managers are remunerated at the Department of Education and Science, Detention School, Deputy Manager's rates. The claimant's salary is based on 90% of this scale. In a number of other Detention Schools ( Trinity House, Oberstown,) the Deputy Managers are paid the full Department of Education and Science rates, while the claimant is paid 90% of the rate.
3. While some of the centres quoted are slightly larger than Rath na nOg they also have a larger staffing complement at Manager and Deputy Manager level and overall to compensate. In any comparison Rath na nOg came out as at least equal when ratios between bed numbers, staffing levels generally and the Deputy Manager's position is taken into consideration.The claimant's post more than measures up in relation to responsibility levels for bed numbers, staff under his control and with lesser numbers of Unit Managers to assist. The claimant also sits on the Administration Panel which recommends which clients should be admitted to the Centre. Few if any Deputy Managers in the other equivalent centres would be involved in these areas.
4. All other staff in the Rath na nOg centre (except the Manager and Deputy Manager ) are paid at 100% of their appropriate rate. The employer has not sought to decrease the salary scales of any of these categories of workers even though they work in the same service as the claimant and are all subject to the same general conditions.
EMPLOYER'S ARGUMENTS:
4. 1. The claimant accepted the salary for the post and commenced employment. Management agrees that the worker's acceptance was "subject to satisfactory salary offer" nevertheless, he took up his post as Deputy Director.
2. There are twelve other High Support Services throughout the country. The salaries applicable were ascertained in seven of these High Support Services. They indicated that the salary applicable to the senior management team in Rath na nOg are the second highest among all High Support services units surveyed.
3. The Manager of the service has not brought a claim in respect of his remuneration. If the claimant was to succeed in securing 100% of the salary this would completely erode the salary differential between Manager and Deputy Manager. The concession of the claim would inevitably lead to a knock- on claim from the Manager of the service and other consequential claims.
4. The claimant has "cherry picked" and relied on Crannog Nua for the purpose of comparison, as it happens to be the only one of all the High Support Services in the country better paid than Rath na nOg. This unit is also double the size of Rath na nOg and has a different managerial system.
RECOMMENDATION:
The Court recommends that the parties appoint an agreed independent person or body to examine adequately the adequacy of the salary applicable to the post in question by reference to that of similar posts having a similar range of responsibilities.
The terms of reference for the review should be agreed between the parties and each side should be free to submit proposed comparators for the purpose of the exercise.
Signed on behalf of the Labour Court
Kevin Duffy
7th February, 2006______________________
TOD/BRChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.