FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE-EA - AND - IRISH MEDICAL ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Anaesthetics Specialist Registrar salaries anomaly.
BACKGROUND:
2. In 1999 a National Agreement was concluded between the Irish Medical Organisation (IMO) and the Department of Health and Children and an assimilation system on rates of pay was agreed on behalf of newly appointed Specialist Registrars from the Faculty of Anaesthetists. However an anomaly was created as Doctors who had already progressed on their pay scale were not considered eligible or entitled to be on the new system and over time many were receiving a lower rate than those they were expected to supervise.
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 was not reached, the dispute was referred to the Labour Court on the 20th March, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th October, 2007.
UNION'S ARGUMENTS:
3. 1.The anomaly has resulted in the claimants receiving a lesser rate of remuneration than the Specialists Registrars whom they supervise and they also have to carry a greater burden of responsibility.
2. In recognition of this anomaly the Claimants are seeking €5,000 for each incremental point below the appropriate scale for each year working in higher training.
COMPANY'S ARGUMENTS:
4. 1. The Doctors concerned were happy to accept the terms and conditions of employment, for the positions, including their starting pay when taking up their posts as Specialist Registrars in Anaesthesia prior to the introduction of Specialist Registrar (SPR) contract.
2. The HSE is statutorily obliged to live within its allocated budget and has had to implement severe measures to ensure that its financial targets are met.
3. As this is a cost increasing claim it is contrary to the provisions of "Towards 2016" The IMO are a party to this agreement.
RECOMMENDATION:
The case before the Court concerns the Union's claim on behalf of a number of Anaesthetics Specialist Registrars for compensation due to an anomaly, which it alleged arose following the coming into effect of a new Specialist Registrars contract negotiated between IMO and the Department of Health and Children which introduced a new revised salary scale effective from 1st July 1999. Details of assimilation for doctors appointed to the new Specialist Registrars contracts were agreed and provided for assimilation to the first point of the Senior Registrar Scale or to the point applicable to their incremental progression.
The Union claimed that as a consequence of the arrangements put in place, Registrars appointed prior to 1999 found themselves in a less favourable position than people who were recruited in subsequent years.
The HSE-EA stated that the agreement specifically made reference to the treatment of existing (at the time of the agreement) Specialist Registrars and maintained that the IMO were attempting to overturn the agreement, with their claim.
Having considered the submissions of both sides and examined the details of the agreement between the HSE-EA and IMO, the Court notes that clause 2 states:
- "2. Salary
(i) Existing Specialist Registrars
Existing specialist registrars will retain the 'senior registrars' salary scale including the provisions relating to incremental credit progression".
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th November, 2007______________________
JF.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.