FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation R-032343-IR-05-DI.
BACKGROUND:
2. The Claimant is an Emergency Medical Technician based in Kilkenny Ambulance Station. He was appointed permanently to the Ambulance Service on the 4th September 2000. Prior to this he was employed as a Head Porter at St. Luke's Hospital in Kilkenny and worked on a part-time basis for the Ambulance Service from July 1997 to November 1997, and in February and March 1998.
On appointment to the Ambulance Service he received incremental credit for his time portering in St.Luke's and for his secondment to the Ambulance Service which allowed him to progress to point 4 of the Emergency Medical Technician Pay Scale.
The Claimant was aggrieved that his employer insisted that he must remain on the 8th point of the pay scale for three years before attaining the 9th point of the scale which is deemed to be a long service increment. The HSE maintain that the 1997/1998 Ambulance Agreement does not allow for the Claimant to be exempt from serving the three years on the 8th point of the pay scale.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 15th August 2005, as follows:-
"The 1998 Agreement states that"existing staff"are exempt from the three-service requirement necessary to attain the Long Service Increment. The Agreement defines"existing staff"as being"staff in the ambulance service at the 1st November 1998". I find that the claimant does not satisfy this definition and was therefore not a member of the ambulance service on the 1st November 1998.
For the Reasons stated above I find against the claimant's complaint."
The Claimant appealed the recommendation to the Labour Court on the 15th September, 2005, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 13th October, 2006, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Union maintain that the Claimant fulfils the condition laid out in the 1997/1998 agreement in relation to a long service increment, i.e. that he was in the Service at the time.
COMPANY'S ARGUMENTS:
4. 1. The Claimant was in a full-time portering position at St. Luke's Hospital, Kilkenny and provided relief cover for the Ambulance Service. He was not in the service at the time of the agreement.
2. The Claimant's service as a porter, including the months he was seconded to the Ambulance Service have already been reckoned for the purposes of advancing him further up the salary scale.
DECISION:
Having considered the submissions of the parties the Court is satisfied that the conclusion reached by the Rights Commissioner on the interpretation of the agreement is correct. Accordingly, the recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
24th October, 2006______________________
MG.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.