FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE, MID-WESTERN AREA - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR22032/04/MR
BACKGROUND:
2. The Claimant worked for the Mid-Western Health Board since 1992 as a part-time Ambulance Driver. As part of the programme to introduce professional standards with accredited qualifications a course was established at the National Ambulance Training College and monitored by the Pre-Hospital Emergency Care Council (PHECC). The Claimant made several attempts to access this course but did not succeed to gain entry until 2002 and only because he had become a permanent Emergency Medical Technician (EMT), a new grade. On the successful completion of the course he was placed on the 2nd point of the incremental pay scale for EMTs without any credit being given for the 10 years service as an Ambulance Driver. Both the Worker and the Union consider this to be unfair.
The issue involves a claim by the Worker and the Union. The matter was referred to a Rights Commissioner for investigation and Recommendation. On the 4th July 2005 the Rights Commissioner issued his Recommendation as, follows:
" I therefore recommend that the Worker and SIPTU should accept that their claim that he should be granted additional increments fails."
(The Worker was named in the Rights Commissioner's Recommendation.)
On the 21st July, 2005, 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 2nd October, 2007.UNION'S ARGUMENTS:
3. 1. The Worker should be given incremental credit on the pay scale for the time he worked as a part-time Ambulance Driver prior to his appointment as an Emergency Medical Technician in 2002.
2. The Worker had made several applications to attend the six-week Cardiac Training Course but was refused on the grounds that he was not at that stage a permanent member of staff.
COMPANY'S ARGUMENTS:
4. 1. Only previously recognised experience in the same grade will allow credit be given on the incremental pay scale. All untrained Ambulance Service staff have to qualify as EMTs at the National Ambulance Training College and only after qualification can they be place on the 2nd point on the scale.
2.Any deviation from the rules set down by PHECC is outside the remit of the HSE and could have knock-on effects with other grades of staff.
DECISION:
The Court, having considered the submissions, both written and oral, of the parties and the terms of the 1997 Provincial Ambulance Agreement, considers that the Recommendation of the Rights Commissioner should be upheld.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
30th October, 2007______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.