FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WEXFORD GENERAL HOSPITAL (REPRESENTED BY HSE SOUTH) - AND - MS KATHLEEN CREAMER (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner r-055415-ir-07/MMG
BACKGROUND:
2. The Claimant is the only Clinical Nurse Manager of a Band 2 Hospital in the South East Region, who is on the CNM2 pay scale. It is the Claimant's contention that her position in the busy Accident and Emergency Department of Wexford General Hospital is directly comparable to positions in other hospitals in the region where the post is graded at CNM3 level or receiving acting up allowance pending upgrading to CNM3 level.
The issue involves a claim by Irish Nurses Organisation. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 13th August, 2008, the Rights Commissioner issued his recommendation as follows:
"It is my Recommendation therefore that this complaint be processed at national level by referring it to the National Body for review, as per the agreement in situ between the organisation and the Trade Unions, with a view to getting a definitive response having taken into consideration all of the relevant comparisons and changes at other locations".
On the 22nd September, 2008 the INO appealed the Rights Commissioners 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 11th November, 2008.
UNION'S ARGUMENTS:
3. 1. The Claimant is not seeking anything other than parity with her colleagues in other HSE hospitals who have upgraded without dispute in recognition of the increased responsibilities of the role.
2. The Claimant already satisfies many of the higher managerial aspects of the CNM3 and is seeking full retrospection of the monies due to her since February, 2006.
COMPANY'S ARGUMENTS:
4. 1. It is the practice of the HSE South that it is the post not the post holder which is upgraded, in the event of an upgrade the post must then be filled by competition.
2. The independent reviewer of nursing workforce requirements for the A&E Department of Wexford General Hospital did not recommend an upgrade to CNM3.
DECISION:
Having considered the oral and written submissions of the parties, the Court is of the view that the Rights Commissioner's Recommendation was fair and reasonable.
The Court upholds the Recommendation and dismisses the Union's appeal.
Signed on behalf of the Labour Court
Raymond McGee
11th December, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.