FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST PATRICK'S HOSPITAL CORK LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner R-071423-IR-08/POB
BACKGROUND:
2. The dispute concerns the worker's regrading from Clerical Officer (CO) Grade 3 to Clerical Officer Grade 4. The worker replaced a Grade 4 colleague when she commenced employment in April, 2005, and, on being made permanent, she asked for a pay review/upgrade. In May, 2006, the worker was upgraded to point 4 of the CO Grade 4 scale. The worker believes that she should have gone to point 5 of the CO scale but at the time she accepted the decision. She spoke to the Finance Manager in November, 2007, about her claim and he offered to move her up one point on the scale from 1st December, 2007, and that her new increment date would be 1st January, commencing on 1st December, 2009. The worker declined the offer.
The case was referred to a Rights Commissioner and his recommendation was as follows:
"Following consideration of all the issues involved in this case there is some merit to the claimant's position. The two-scale movement appears to have applied to previous promotions primarily (as except from re-grading changes) but it was not denied by management that this was the standard practice prior to the claimant's re-grading. There appears to be no formal or agreed policy in collective bargaining terms in relation to the amount of scale points a person should move when upgraded or promoted. Therefore, it is at the discretion of management who have to take account of all the circumstances that pertain at the time of the re-grading. As I advised the parties at the hearing I believe both parties have to compromise in the circumstances and I recommend that the claimant's date for scale adjustments be fixed as December 1st each year and her next increment be backdated to December 1st 2008. This in effect is a double bonus for the claimant as she receives back pay from December 1st 2008. This in effect is a double bonus for the claimant as she receives back pay from December 2008 and has her review date brought forward for all future increases. In addition, I recommend that the claimant be paid a once off compensation of €1,000 gross".
The worker appealed the recommendation to the Labour Court on the 31st July, 2009, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour court hearing took place on the 12th May, 2010, in Cork.
WORKER'S ARGUMENTS:
3. 1. The worker spoke to the Administration Manager and the HR Manager both of whom agreed that she should have gone to point 5 of the CO scale.
2. The worker was not involved in any negotiations on her upgrade as the Hospital claims. The fact that she received an upgrade 15 days after receiving an increment - "an up and over grade" - was also not something in which she was involved.
HOSPITAL'S ARGUMENTS:
4. 1. The worker's upgrade was not a promotion and consequently there was no need to apply normal methods of calculating entry points on pay scales in promotional situations.
2. The worker requested an upgrade and the terms were negotiated between herself and the Finance Manager. She was informed on what point she would be placed and did not query it until 19 months later.
3. The Hospital backdated her upgrade by 15 days which meant that its value was the same as if the "up and over" system had been applied on her normal incremental date.
DECISION:
In the Court’s view the solution to the Claimant’s grievance recommended by the Rights Commissioner is fair and appropriate in all the circumstances of the case.
Accordingly the Court upholds the Rights Commissioner recommendation and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
31st May, 2010______________________
CONChairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.