FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - EMPLOYERS' AGENCY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Pay and Grading
BACKGROUND:
2. The Union's case is for the establishment of managerial posts in the profession of Orthoptics. Orthoptists are involved in the assessment, diagnosis and treatment of various disorders of the eyes. There are currently 27 whole-time-equivalent (WTE) Orthoptist posts in the Public Health Sector. Historically there have been two grades - Orthoptist and Senior Orthoptist. In 2000 a study was carried out by an Expert Review Group (ERG) to examine grading grievances in various health professions, including Orthoptics. In relation to Orthoptists the ERG did not make any change to the grading structure. It did state at paragraph 92"However, the need for management positions may arise when the profession is extended."
A further study in relation to Orthoptists (and Chiropody) was carried out in 2002 by two experts and their report from 2003 stated
"While there has been a growth in both of these professions since the issuing of the Expert Group Report, we do not believe that it has yet reached a level that would justify the creation of management positions."
The Union wrote to the HSE-EA in February, 2006, seeking the upgrade of a number of Orthoptists but this was rejected by management.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 24th August, 2007, in accordance with Section 26(1) of the Industrial Relation Act, 1990. A Labour Court hearing took place on the 26th March, 2008.
UNION'S ARGUMENTS:
3. 1. The Claimants are performing important Head of Department roles that place them on a par with other managers except from a pay/grading point of view.
2. Unlike other therapists the Senior Orthoptists feel that they have not had a chance to have the level of their role fairly evaluated or adjudicated upon.
3. Chiropodist Manager positions have subsequently been introduced in circumstances that are similar from an overall numbers and responsibility point of view.
HSE'S ARGUMENTS:
4. 1. There have been two independent studies of the role of Orthoptists and their grading structures in recent years. Both of these examinations found that there was no cause for the establishment of posts of managers in the profession of Orthoptists.
2. Orthoptists have a very favourable grading structure with 85% of post holders currently holding positions at senior level. This is substantially above that obtaining amongst the other therapy professions.
3. Orthoptists do not have the responsibility of managing staff and do not have other defined management duties such as budgetary or service planning.
RECOMMENDATION:
As the parties cannot agree on certain basic facts of the matter, the Court recommends that the question of whether there should be any managerial positions in the Orthoptists Service should be referred back, without prejudice, for a final and early decision to the two experts who conducted the previous examination.
Signed on behalf of the Labour Court
Raymond McGee
11th April, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.