FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner Recommendation No: r-074588-ir-09/JOC
BACKGROUND:
2. This case is an appeal by the worker of Rights Commissioner Recommendation No: r-074588-ir-09/JOC. The issue concerns an employee of the Health Service Executive (HSE) who was assigned to the payroll Department of Dr Steevens Hospital in an acting Grade IV position from July, 2000 to July, 2005. The worker is seeking incremental credit for the period he spent acting up in the Grade IV position on the basis that it has been applied to other staff in comparable situations.
Management's position is that the worker was adequately compensated for the period he spent acting up in the Grade IV position through the payment of an acting up allowance but that incremental credit is not given for such periods. Management further contends that the purpose of the Incremental Credit agreement was to reward previous experience in other employments prior to recruitment by the HSE but not for previous experience within the organisation.
The dispute was not resolved and was referred to a Rights Commissioner for investigation. His Recommendation issued on the 7th August, 2009 and recommended that retrospective incremental credit for the time spent acting up in the Grade IV position be granted to the worker on the basis of the length of time spent acting up and the less favourable treatment he received in comparison to other employees within the HSE.
On the 17th September, 2009 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 4th March, 2010.
UNION'S ARGUMENTS:
3 1 The worker is entitled to receive incremental credit for the period of time spent acting up in the Grade IV position. This contention is supported by the provisions of the incremental credit agreement prevailing at the time and extensive Recommendations/Decisions of the State's third party dispute resolution machinery.
2 The worker was treated less favourable than comparable employee within the HSE and wider public service. Anomalies exist that allow some workers incremental progression for each year of service in previous employments, yet denies it to those who have acted up within their own employment. This is unacceptable and at variance with agreed procedures.
MANAGEMENT'S ARGUMENTS:
4 1 The purpose of the Incremental Credit Agreement was to encourage recruitment into the sector by acknowledging previous experience in other employments. It was not intended to reward previous experience within the organisation.
2In this case the worker was adequately compensated for the period of time spent acting up in the higher grade.
3 Concession of the claim will lead to repercussive claims within the HSE, which are unsustainable as a result of budgetary reductions.
DECISION:
The Court has carefully considered the submissions of the parties in this case. The Court is satisfied that the appellant has been properly compensated for the period of time he spent acting up in the Grade IV post.
With regard to the claim for credit for the time spent acting up in the Grade IV post for assimilation purposes on permanent appointment, the Court, taking into account the Rights Commissioner's Recommendation, the offer of the employer to allow the appellant credit for the period of time he spent acting up in the Grade IV post with effect from the date of the Rights Commissioner's Recommendation, the inordinate length of time he spent acting up (5 years), and the terms of the HSE's own recently published policy on this matter, determines that he be credited with 5 increments with effect from the date of his appointment to the Grade IV post i.e. 20th July, 2005.
Signed on behalf of the Labour Court
Brendan Hayes
23rd March 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.