FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation R-039470-Ir-06/Di
BACKGROUND:
2. The worker commenced employment as a temporary Clerical Officer with the company in February 2001. In February 2002, following on from a competition, the worker was made permanent and assigned as a Clerical Officer, Grade 3. The worker was placed on the second point of the salary scale from the date of her permanent employment. In August 2002 the worker wrote to the company seeking recognition for the purposes of incremental credit calculation. She had worked in a related position in the private sector for 13 years. The Company decided to recognise her previous employment for this purpose and she was placed on the maximum point of the salary scale. This was effective from the date in February 2002 when the worker was made permanent. The worker wishes to have her private sector employment recognised from February 2001, when she began in a temporary position.
The matter was referred to the Rights Commissioner for investigation and recommendation. On the 28th September, 2006 the Rights Commissioner issued his Recommendation as follows:
" I find that the claimant was treated fairly by the respondent. By recognising her service in the Bons Secours the Respondent went outside the terms of 2000 agreement. The 2000 agreement provided for the recognition of specific types of service for incremental credit from when a person was employed on a permanent basis.
I find against the claimant's claim that the recognition of her past service should apply from when she was employed by the respondent in a temporary capacity"
On the 26th October, 2006 the worker 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 13th June, 2007.
UNION'S ARGUMENTS:
3. 1 The Company went outside the terms of the March 2000 Agreement and acknowledged the worker's private sector employment. The worker feels discriminated against while working on a temporary contract. Documentation dated the 3rd April, 2000 to each Personnel Officer issued by the Labour Relations Commission states " Staff employed on temporary contracts should be treated as permanent employees for the purposes of incremental progression".
2 In relation to the date from which the worker was to be back paid, the Employee Relations Manager stated in August 2005 that the company just "decided on a specific date and that the temporary/permanent status was not a determining factor". This contradicts various letters form the Company stating that the workers temporary/permanent status was the determining factor.
COMPANY'S ARGUMENTS:
4. 1 A strict interpretation of the March 2000 Agreement would find that the position held by the worker in the private sector is excluded when calculating incremental credit for Clerical/Administrative Grades within the relative public sector. Specific to the worker's case and as an exceptional measure, the terms of the 2000 Agreement were set aside.
2 The Company contends that the worker has benefited to a far greater extent than any other staff member who had the 2000 Agreement applied to them.
DECISION:
Having taken account of all relevant considerations, the Court has come to the view that the conclusions reached by the Rights Commissioner are reasonable having regard for all the circumstances. Accordingly the Court affirms the Recommendation of the Rights Commissioner and disallows the appeal.
Signed on behalf of the Labour Court
Kevin Duffy
2nd July, 2007______________________
DNChairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.