FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE (SOUTH) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Retrospective Payment of Acting-Up Allowance prior to Appointment
BACKGROUND:
2. This case concerns a dispute between Health Service Executive (HSE) South and IMPACT in relation to a claim for retrospective payment of Acting-Up Allowances. The post of Medical Secretary was evaluated and upgraded in line with HSE guidelines from Grade III to Grade IV and successful applicants were remunerated at Grade IV rates.
The Union's claim relates to the carrying out of the work during the Job Evaluation Process and the retrospective payment of Grade IV rates of pay from the date of claim to the upgrading of the posts.
Management's position is that the post was evaluated in line with nationally agreed procedures and that retrospection prior to the date of regrading is inapropriate and at variance with the Job Evaluation Scheme.
The dispute was not resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 30th July, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 3rd February, 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The workers carried out the work of a higher grade which was subsequently recognised through the Job Evaluation Scheme. In such circumstances it is appropriate that the workers be paid for the work that was carried out at the higher grade.
MANAGEMENT'S ARGUMENTS:
4 1 Management followed nationally-agreed frameworks for the evaluation of the Medical Secretary's post. Once identified as Grade IV posts,
vacancies were filled by confined competition in line with agreed practices and procedures. The Union's claim is, therefore, at variance with these procedures and cannot succeed.
RECOMMENDATION:
The issue before the Court concerns the Union’s claim for retrospection of Acting-Up Allowances for those Medical Secretaries successful in competition for the post of Medical Secretary Grade IV after the post was re-evaluated and subsequently regraded from Grade III to Grade IV. The Union sought the retrospection as the Medical Secretaries had being carrying out the regraded functions for the duration of the Job Evaluation exercise. The Union sought retrospection for staff from the date the posts were adjudicated upon by the National Job Evaluation team for upgrading (March 2006) to the date of appointment.
Management held that the Job Evaluation Scheme, nationally-agreed between the parties, had been applied in a consistent manner in HSE South and was satisfied that those appointed had been remunerated appropriately.
At the time approval was granted by the Department of Health and Children in 2004 for the re-evaluation of the Medical Secretaries Grade III post, certain criteria were laid down and these required both management and staff to accept that funding must be available for implementation of any outcome.
Subsequently the HSE took over the responsibility for the Job Evaluation Scheme and it was agreed between the parties to undertake the task of evaluating the Medical Secretaries Grade III post in October 2005. This work completed in March 2006, re-evaluated the post to a Grade IV post and the filling of posts by confined competition commenced. Successful candidates were paid at Grade IV from the date of their appointment.
Having considered the oral and written submissions of the parties, the Court is satisfied that Management implemented the Job Evaluation Scheme in a consistent manner which was also in accordance with the nationally agreed criteria for implementation with regard to posts recommended for upgrading. Accordingly, the Court cannot find in favour of the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd February 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.