FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL CANCER REGISTRY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Entitlement To Professional Added Years.
BACKGROUND:
2. The National Cancer Registry is a statutory body established under the Health Corporate Bodies Act 1961. It is funded by the Department of Health and Children. The Claimant was appointed to a senior position within the Registry in October 1992 and is due to retire in June 2014. At that time he will have 24 years pensionable service for that post, including years he has bought back. The Claimant accessed the pension scheme in August 1997. He is seeking an award of professional added years for superannuation purposes. The Union's claim is based on three circulars; Circular S.4/90 from the Department of Environment, Heritage and Local Government, Circular P18/13/94 from the Department of Finance and Circular K148/11(vi), K149/47(ii) from the Department of Health. These circulars relate to professional and specialist posts within the Civil Service which qualify for added years to their service. The position of the Trustees of the National Cancer Registry is that the post is not a designated grade for the award of professional added years. The concession of professional added years with regard to superannuation applies only to designated grades on the grounds that the qualifications for them are professional. The advertisement for the post did not indicate professional qualifications as an essential requirement.
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 could not be reached, the dispute was referred to the Labour Court on 30th May 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 21st May 2007.
UNION'S ARGUMENTS:
3.1 The advertisement for the senior post in the National Cancer Registry stated that applicants should have managerial, epidemiological, computer and research skills. A medical qualification was desirable however, in Ireland it is not possible to acquire a primary degree in epidemiology without a medical qualification. The original job description for the post stated that the post carried both technical and managerial duties. This description has been reviewed and changed over the years and the post now contains significant elements of work which could not be carried out by a person who does not hold a medical qualification.
2 The Claimant contends that he got the job because of his medical qualifications. He is also aware that the only other candidate interviewed for the post had a medical qualification. A statement from the Chairperson of the Board at the time of interviewing supports this contention. It is recognised in the Civil Service, where in theory there is no requirements to hold certain professional qualifications, the reality and practise is only candidates who hold these requirements are successful.
3 It is imperative that the holder of the post is a doctor for the reason that confidentiality is an absolute necessity for the job. The Medical Council of Ireland has stated that to hold such a post, you must be a doctor. The information relevant to the work of the post can only be released to another doctor. All other similar Registry positions in Ireland and the UK have medical qualifications and these were essential requirements for the posting.
COMPANY'S ARGUMENTS:
4. 1 Under the Nominated Health Agencies Superannuation Scheme Professional Added Years does not apply to staff serving in an administrative grade unless they were at some stage appointed to a professional, technical or specialist post. The post, as advertised, does not specify minimum qualifications. No allowance is possible for desirable qualifications or experience.
2 Neither Circular S.4/90 of the Department of Environment, Heritage and Local Government, nor Circular P18/13/94 of the Department of Finance, which relate to members of the Local Government Superannuation Scheme and members of the Civil Service Superannuation Scheme respectively, are relevant to members of Nominated Health Agencies Superannuation Scheme.
3 Circular K148/11(vi), K149/47(ii) from the Department of Health refers to added years provided for under the Nominated Health Agencies Superannuation Scheme for professional, technical and specialist grades where age limit, qualifications and/or experience preclude maximum service for superannuation purposes.
RECOMMENDATION:
The Court has carefully considered the submissions of the parties and the evidence produced in relation to the current standing and duties of the post. Whatever the original position may have been the Court is satisfied that the current de facto requirements of the post are such that a qualification as a medical doctor is an essential requirement. Moreover, it is also clear that a minimum period of post qualification experience is required to acquire a qualification in epidemiology, which is a specified requirement for the post.
The Court recommends that the reality of the situation should be acknowledged and the claimant should be afforded the professional added years. The number of years should be the subject of further discussions between the parties having regard to the normal criteria applicable and having regard to the de facto requirements of the post and experience necessary.
Signed on behalf of the Labour Court
Kevin Duffy
3rd April 2007______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.