FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr Nash |
1. Payment Of Monies Due
BACKGROUND:
2. This dispute concerns a claim by a Manager in the Social Work Department of Cork University Hospital for full implementation of Circular 145/2000, which is an agreement reached between the Department of Health and Children, and IMPACT. This provided for a salary scale differential over Principal Social Worker to apply in the Eastern Regional Health Authority (ERHA) to positions previously known as Head Social Worker and relates to the period between 1st April 2000 and 1st January 2004. While the HSE agreed to extend the provisions of the Circular to the Claimant from 1st January 2004, it rejected her claim for full retrospection back to 1st April 2000.
The Claimant referred her case to the Labour Court on 8th May, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 17th September, 2008.
WORKER'S ARGUMENTS:
3. 1. The titles of Head Medical Social Worker and Principal Social Worker are interchangeable, and the Claimant was at all times classified as a Principal Social Worker, responsible for the management of a social worker team.
2. The Claimant was also responsible for ensuring effective inter-disciplinary and inter-agency work, and is thereby entitled to full retrospection back to 1st April 2000.
3.The Claimant did not accept partial retrospection back to 1st Januarry 2004 in full and final settlement of her claim.
EMPLOYER'S ARGUMENTS:
4. 1. The provisions of Department of Health and Children Circular 145/2000 apply to staff in the former ERHA only.
2. The terms of Circular 145/2000 were applied to the Claimant on a personal basis as from 1st January 2004 in full and final selltlement of her claim.
3.Due to the current financial situation no further concession on this claim can be made to the Claimant.
RECOMMENDATION:
The matter before the Court concerns a claim by a Manager in the Social Work Department of Cork University Hospital (CUH), against her employer HSE, for full implementation of Circular 145/2000, an agreement reached as a result of negotiations between the Department of Health and Children and IMPACT. This provided for a salary scale differential over Principal Social Worker to apply to positions previously known as Head Social Worker in the ERHA and relates to the period 1st April 2000 to 1st January 2004.
Solicitor on behalf of the claimant stated that while it was agreed to extend the provisions of the Circular to her from 1st January 2004, HSE rejected her claim for retrospection back to 1st January 2000, despite an assurance given to her by the Deputy General Manager of CUH.
Management at HSE submitted that while the Circular did not apply outside the ERHA boundaries, CUH in consultation with HSEA decided in May 2005 to apply the terms to her on a personal basis, with effect from 1st January 2004 and that this was accepted in full and final settlement of her claim.
The Court notes that the claimant’s salary was aligned to the role of Principal Social Worker from 1st April 2000, in line with the terms of the Expert Group Report on Various Health Professions and that concession to apply the provisions of the Circular was made to her on a personal basis in May 2005, backdated to 1st January 2004.
The Court has not been provided with any evidence to substantiate Management’s position that this concession was in full and final settlement of her claim. Therefore, in all the circumstances of this case, the Court recommends that when account is taken of the assurances given to the claimant, that CUH should fulfil that commitment and she should be paid retrospection of the due amount (€9,985.44) back to 1st January 2000.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th September, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.