FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Appeal Of Recommendation Of A Rights Commissioner R-066797-Ir-08/GC
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its member for the awarding of incremental credit for previous private sector work experience. The Worker commenced employment with the Health Service Executive South in 2001 as a Clerical Officer. In March 2000 an Agreement between Management and Unions provided for the reckoning of service for incremental credit purposes where staff had previous relevant experience in specified areas. In September, 2002 the Worker appealed her starting salary to the post of Appointments Officer as she did not receive incremental credit for her previous experience in the private sector. It is the Union's claim that a number of other Clerical Officers received such credit for their work in the private sector. The HSE South's position is that the Agreement specifies that previous relevant experience refers to similar grades in the Civil Service, Health Service and other public service bodies or agencies.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 11th March, 2009 the Rights Commissioner issued a Recommendation as follows:
"It is regrettable, particularly from the claimant's viewpoint that HSE South saw fit to stick rigidly to the terms of the national agreement in the case of (Worker named) but not in the case of the named comparator. In the case of the named comparator, HSE Stated that exceptional circumstances existed where the person who was recruited to fill a Medical Secretary post and who had relevant experience in private hospitals and clinics was given incremental credit.
The HSE has also stated that the situation which arose in the case of the comparator should not arise again as local management will not have the latitude to award incremental credit in the future context of shared services. Having examined the evidence and submissions, and having regard to the limited information in respect to the comparator, I do not find that there is enough evidence in this instance to recommend that the claimant be given incremental credit."
On the 30th March, 2009 the Union referred the issue to teh Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A labour Court hearing took place on the 24th February, 2010.
UNION'S ARGUMENTS:
3. 1 The Worker has advised the HSE South of instances where the Agreement was set aside resulting in the awarding of incremental credit for private sector experience to other Clerical staff. The HSE South is penalising the worker by not providing her with incremental credit for her private sector experience.
2 The comparator continues to be employed by the HSE South with no formal post, while the Worker concerned here is a permanent member of staff with HSE South since 2002. Indeed, all staff working in finance and salaries are remunerated at higher grades than the Worker.
COMPANY'S ARGUMENTS:
4. 1 The 2000 Agreement specifies that previous relevant experience refers to previous service in a similar grade in Civil Service, Local Authority Services, Health Service and other public service bodies or agencies in Ireland or abroad.
2 The specific comparator identified by the worker in support of her claim, the specific skill-set and duties undertaken by the individual concerned in a hospital based employment were fully compatible with the skill-set of a public health sector employee in the role of Medical Secretary for which the individual was originally recruited.
DECISION:
The case before the Court concerns the Union’s appeal of a Rights Commissioner’s Recommendation. The Rights Commissioner found against the Union’s claim on behalf of an employee who sought incremental credit for her previous private sector experience.
Having considered the oral and written submissions of both parties the Court concurs with the findings of the Rights Commissioner and upholds her recommendation. Accordingly, the Union’s appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th March, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.