FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY IRISH NURSES & MIDWIVES ORGAINISATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation r-067324-ir-08/SR.
BACKGROUND:
2. This dispute concerns the Worker's claim that she should be regraded from her current grade of Clinical Nurse Manager 2 (CNM2) to Clinical Nurse Manager 3 (CNM3), and that the mark-time agreement should be applied. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 5th March, 2009 the Rights Commissioner issued the following Recommendation:-
- “I note that the claim if conceeded will not impose any additional cost on the employer. the cost to them will be the same, there will be no increase in the total payments to the claimant - on the other hand it will give the claimant some certainty in relation to her renumeration package.
There is very considerable merit in the claim and I recommend that it be conceeded by the employer in full, the claimant should be regraded to CNM3 with immediate effect and the mark-time agreement should be applied to her”.
- “I note that the claim if conceeded will not impose any additional cost on the employer. the cost to them will be the same, there will be no increase in the total payments to the claimant - on the other hand it will give the claimant some certainty in relation to her renumeration package.
3. 1. TheGovernment’s moratorium on promotion within the public service has precluded the HSE from upgrading the Worker to CNM3.
2. The HSE has sympathy for the Worker, and other staff in long-term acting positions.
3.Negotiations should be entered into with a view to concluding a nationwide collective agreement to deal with all staff in long-term acting positions.
UNION'S ARGUMENTS:
4. 1. The Employer accepts that the Worker's role and responsibility have clearly expanded to exceed the CNM2 grade.
2. The Employer would have regraded the Worker to CNM3 were it not for the public service promotion moratorium.
3. Concession of this claim would be cost-neutral to the Employer.
DECISION:
This is an appeal by HSE West of a Rights Commissioner’s Recommendation, which found that the appropriate grade for the claimant was Clinical Nurse Management (CNM) III and consequently that she should immediately be regraded from CNM II to CNM III and the mark-time agreement should be applied to her.
HSE West accepted that the claimant should be graded as CNM III however, it appealed the Right’s Commissioner Recommendation as it was restricted from doing so due to the moratorium on recruitment and promotions in the public service.
Having considered the oral and written submissions of both parties, the Court notes that it is not disputed that the claimant is carrying out the functions of a CNM III and accordingly, it is of the view that she should be properly and appropriately classified as a CNM III with immediate effect.
Accordingly, the Court upholds the Right’s Commissioner Recommendation and dismisses the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th April, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.