FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Re-Grading
BACKGROUND:
2. The claim is on behalf of 15 whole-time-equivalent staff for a re-grading from Clerical Officer Grade 3 to Administrative Grade 4. The main area of their work is to calculate and process payments to Home Helps in the HSE South area (details supplied to the Court). The Union believes that the re-grading is warranted because the work in question is comparable to that being done by General Salaries Staff. The claim was first made in April, 2006. The HSE believes that the claim should be dealt with via the nationally-agreed Job Evaluation Scheme.
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 8th July, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th November, 2009, in Cork.
UNION'S ARGUMENTS:
3. 1. Other Grade 3 staff in the HSE South have been re-graded to Grade 4 when the old Southern Health Board Area transferred to the HSE South. These staff did not have to go through the Job Evaluation Scheme. The workers concerned should be treated the same way.
2. The work being carried out by the workers concerned and the General Salaries Staff is comparable, indeed it may be more complex for the worker involved in the claim.
MANAGEMENT'S ARGUMENTS:
4. 1. The duties and responsibilities undertaken by the staff concerned are graded and remunerated appropriately. Notwithstanding this management is prepared to give regard for the nationally agreed Job Evaluation Scheme as a mechanism for addressing the issue.
RECOMMENDATION:
The Court is satisfied that having regard to all the circumstances of this case the only practical option available is to have the posts in issue evaluated through the national job evaluation scheme. The Court recommends that the claim be processed through the scheme.
In light of the history of this claim the Court further recommends that the evaluation take place at the earliest possible date.
Signed on behalf of the Labour Court
Kevin Duffy
17th November, 2009______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.