FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE SOUTH - AND - 4 WORKERS (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-066747-Ir-08/POB
BACKGROUND:
2. The workers concerned are Hospital Managers in Mental Health and Elderly Services. They are currently at Grade VIII level. Since November 2001 they have sought to have their posts upgraded. It is the Union's claim that these Workers are performing work on a level equivalent to the General Manager grade in the PCCC and that their equivalent position in the HSE West is a higher grade. In February 2007, the Union and Management agreed to a third party assessment of the Workers positions. This review was delayed due to the illness of the agreed assessor. The HSE position is that it is not now in a position to carry out any assessment due to the current financial and cost restraints imposed.
The matter was referred to a Rights Commissioner for investigation and Recommendation. On the 29th April, 2009, the Rights Commissioner issued his Recommendation as follows:
"It is obvious an agreement existed to conduct a review of the grade for these jobs since February 2007 and this was agreed prior to the ban by the HSE on grade reviews. The agreement made was only to review the grade. It is not within my remit nor was it sought by the claimants for me to decide on an upgrade for the position. I believe it is important that the parties to agreements adhere to them. It is inconceivable that the HSE may turn up at an industrial relations forum in the future claiming implementation of a prior agreement with staff, if it is not implemented by staff, based on the position adopted by the HSE in this particular case.
Based on this prior existing agreement and without prejudice or precedent to the overall management position regarding the ban on re-grading reviews, I recommend that the parties agree, within two weeks, that the original agreement to appoint an independent third party to conduct a review of the upgrading claim be completed within 10 weeks of today's date and the third party be required to communicate the outcome of this review within a further two weeks after completion of the review.
The existing dual responsibility allowance should remain in place as structured until the position is evaluated."
On the 20th May, 2009 the HSE appealed the Rights Commissioner's Recommendation to the 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 Hospital Managers carry the full range of responsibilities of a General Manager and their job descriptions specifically identify duties and responsibilities which are at the very least consistent with General Manager roles in PCCC.
2 A Precedent for upgrading the Workers concerned was set in June 2005 when Hospital Manager Posts in the HSE Western Area who carry a similar role to the Hospital Managers in the South Eastern Region were upgraded to General Manager on foot of an independent review of their posts.
COMPANY'S ARGUMENTS:
4. 1 There is current uncertainty with regard to the Health Service Executive management structures. All posts at Grade VIII level and above must have the sanction of the Department of Health and Children and the Department of Finance. The Departments have capped the posts at current levels.
2 The basis for this claim was a previous assessment produced in the Health Service Executive Western Area. However, this report was agreed to be personal-to-holder and to be without precedent in the Health Services.
DECISION:
The case before the Court concerns an appeal of a Rights Commissioner’s Recommendation by the employer. The Rights Commissioner found in favour of the Union’s claim for progress to be made on an evaluation exercise to be completed of Hospital Manager Mental Health and Elderly Services in the HSE South East.
The Rights Commissioner recommended that the parties should agree, within two weeks, that the original agreement to appoint an independent third party to conduct a review of the upgrading claim should be completed within 10 weeks and the third party be required to communicate the outcome of this review within a further two weeks after completion of the review. The existing and dual responsibility allowance to remain in place until the position is evaluated.
Having considered the oral and written submissions of both parties the Court concurs with the findings of the Rights Commissioner and upholds his recommendation with the recommended number of weeks commence from the date of this Recommendation. Accordingly, the employer’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.