FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH EASTERN REGION - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal Of Rights Commissioner's Recommendation R-042803-Ir-06/Tb
BACKGROUND:
2. The claim brought before the Court by the Union concerns the Worker seeking to have his previous service as a part - time Firefighter recognised for incremental credit purposes in his current role as an Emergency Medical Technician in the Health Service Executive (HSE). Following completion of his training, the Worker was placed on the first point of the EMT pay scale. The Union believe that under the general principles of incremental credit for all staff within the HSE, the Worker has grounds for it to be applied to him given his previous experience. Further to this, firemen in other HSE regions have received full incremental credit when transferred to the EMT post. The HSE argues that experience with the Fire Service is not considered reckonable service for incremental credit purposes in the HSE.
The matter was referred to the Rights Commissioner for investigation and recommendation. On the 5th February, 2007, the Rights Commissioner issued his Recommendation as follows:
" Based on the discussions at the hearing and on the appeal Decision No. 06101 issued by the Labour Court in December 2006 I do not recommend in favour of the Union claim"
On the 16th May, 2007 the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th November, 2007.
UNION'S ARGUMENTS:
3. 1 Under Section A of the general principles of incremental credit for staff within the HSE it states that incremental credit is normally granted on appointment in respect of previous experience in the Civil Service, Local Authorities, Health Service and other Public Service bodies and statutory agencies. This provision is not affected by a break in service.
2 Full - time Firefighters in other HSE regions if transferred to EMT posts get full incremental credit. A part -time worker is entitled to be treated the same as their comparable full - time employee. A recent agreement involving the Fire Service in another region stated that part - time Firefighters who apply for positions of full - time Firefighters would receive one years incremental credit for two years part-time service.
3 Labour Court Decision No. AD06101 is not identical to this Worker's case. The Worker concerned has relevant experience within the Ambulance Service given that he was utilised from time to time with the service over the previous years prior to his appointment.
EMPLOYER'S ARGUMENTS:
4. 1 In light of Labour Court Decision No. AD0601, the HSE cannot offer incremental credit to an EMT in a similar situation going forward. It is now underpinned that progression up the EMT payscale can only begin after all training requirements have been met and qualifications achieved. The HSE recognises that the origins of this pay claim pre date the aforementioned Labour Court Decision.
2 The Worker is claiming incremental credit for his prior experience as a retained Firefighter. This experience is not considered reckonable service for incremental credit purposes in the HSE. The Worker was a retained Fire Fighter, not a part - time or full - time employee of the Fire Service.
3 Any previous service by the Worker as an Ambulance driver was reckoned in his favour and offered in full for incremental credit purposes. This demonstrates that the Employer has been more than reasonable with the Worker as it is more than the national rule allows.
DECISION:
The appeal of a Rights Commissioner’s decision before the Court was made by the Union on behalf of the worker who sought to have his previous service as a Retained Part-time Firefighter with Wexford Local Authority recognised for incremental purposes in his current role as an Emergency Medical Technician with H.S.E. South Eastern Region.
The Rights Commissioner found against the Claimant. In making his decision the Rights Commissioner took cognisance of a similar claim dealt with by Labour Court Recommendation, Decision No: 06101 which held:
- “the Court accepts that incremental credit for EMT’s is determined by nationally agreed rules which specifies that incremental progression on the EMT scale can only be allowed once an employee qualifies as an EMT. These qualifications are regulated by Pre-Hospital Emergency Care Council (PHECC). Therefore, the Court does not find in favour of the Union’s grounds of appeal.”
Having considered the submissions of both parties, the Court notes that despite the PHECC agreement on incremental credit which was made in 1997, a number of local agreements seem to have been subsequently agreed which set down different guidelines than those provided for in the 1997 Agreement. The local agreement entered into in this case recognises “relevant service”. As the Appellant had previous service as an untrained ambulance driver, an offer made on 18th January 2007 on a red-circled basis to recognise all this service and thereby to increase his incremental credit by three points with effect from 1st February 2007.
In all the circumstances of this case, the Court does not find in favour of the Unions’ appeal. However, the Court recommends that the 18th January 2007 offer of an additional three incremental points from 1st February 2007 should be accepted by the appellant in settlement of his claim.
The Rights Commissioner’s decision is varied accordingly. The Court so decides.
While an agreement has been reached at national level on the issue of incremental progression on the EMT scale in recognition of qualifications as an EMT, the Court is of the view that the relevant bodies should ensure that a consistent and fair approach applies on a national basis on the issue of relevant experience/service.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd December, 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.