FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Re-instatement of Post and application of Incremental Credit.
BACKGROUND:
2. The Worker concerned is employed as a Clinical Placement Coordinator at the Mid-Western Regional Hospital, Limerick having been appointed following interview on an acting basis to this post in January 2001.The post is graded at Clinical Nurse Manager 2 and there is not nor has there ever been another substantive post holder.
On appointment to the post in 2001 the Worker was on the maximum of the Clinical Nurse Manager (CNM)1 salary scale and should have progressed to the maximum point of the CNM 2 salary scale in 2006. The Union has calculated that, taking into account the payment of an acting allowance of approximately €95 per month for the last seven years, that the gross loss of earnings over this period is €16,412.
A meeting took place between the Union and the Acting Deputy Director of Nursing in September 2006 and at that time the Union put forward a proposal to partially solve the grievance of the Worker. As no response was received by the 30th October the Union wrote to the HR specialist at the Hospital requesting a meeting under stage 3 of the grievance procedure. This did not take place and the Union referred the matter to the Rights Commissioner Service under the Industrial Relations Acts 1946-2004.
The HSE advised the Union that the referral was not within the terms of the Industrial Relations Act 1969-2001 Section 13. The HSE advised that the matter would have implications both locally and across the Health Services generally. They were however willing to attend a Labour Relations Conciliation meeting.
The Union rejected the HSE view that the issue in dispute had both implications locally and across the Health Services.
The Union referred the claim to the Labour Court on the 18th January, 2007 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 29th January, 2008.
UNION'S ARGUMENTS:
3. 1.The Union maintains that criteria for resolving this claim are as set out in the principles agreed between the HSE and IMPACT trade union in a letter dated31st May 2005 and which have subsequently been applied to groups of nurses in nationally negotiated collective agreements.
2. The Worker has been denied progression on the incremental salary scale for the grade of Clinical Placement Coordinator due to an unnecessarily lengthy acting position for seven years.
3. The Worker, as an employee of the HSE is entitled to have her grievance addressed in a fair, reasonable and timely manner; these are the objectives of the HSE Grievance Procedure.
MANAGEMENT'S ARGUMENTS:
4. 1.Management maintains that this claim would involve non-compliance with the agreed national agreements and processes which govern the terms and conditions of all Health Service Employees. Any changes locally would have application both locally and nationally.
2. The remuneration of any employee who is acting in a higher capacity has been agreednationally between the various Trade Unions and the HSE.EAon behalf of all employees within the Health Services and any deviation from the process set out in DOH circular 32/59 would have an implication for other members of staff who are also acting in a higher capacity.
3.Any issues regarding remuneration or the regularisation of long term acting post are national issues within the HSE and accordingly should be discussed nationally and not locally within a specific HSE region.
RECOMMENDATION:
Without specifically commenting on the merits of this case, the Court has sympathy with the situation in which the Claimant found herself and that the agreed procedures simply did not work, as they should have, to process her individual grievance.
The Court recommends that the parties should, without delay, revert to Stage 3 of the Grievance Procedure. Should the matter not be resolved at this stage it should proceed to Stage 4 within 2 weeks with an early referral to either the Rights Commissioner Service (as it is an individual grievance) or to the Conciliation Service of the Labour Relations Commission.
In the event of the case having to be referred back to this Court from either service, for a definitive recommendation/decision it will be accorded priority of hearing.
Signed on behalf of the Labour Court
Raymond McGee
21st February, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.