FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN MID LEINSTER - AND - ONE LIAISON PUBLIC HEALTH NURSE (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Dual Allowance
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its member for the payment of a Dual Responsibility Allowance in respect of her assignment as Liaison Public Health Nurse. The worker concerned was appointed to this role in 1989. In 2001 the worker was requested to carry out additional duties. The Union entered a claim in 2002 for the worker to be upgraded to the Assistant Director of Nursing grade in light of the additional responsibilities. The Claim was not conceded by the HSE. The Union contends that during negotiation a Dual Responsibility Allowance was offered by the HSE, but was later withdrawn. The HSE contends that its position during negotiations was that the Union was open to make a submission setting out the additional duties which the worker concerned was undertaking over and above those of her colleagues and which would warrant the payment of a Dual Allowance.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspicious of the Labour Relations Commission. As agreement could not be reached, the dispute was referred to the Labour Court under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th May, 2010.
UNION'S ARGUMENTS:
3. 1 The post of Liaison Public Health Nurse carries additional responsibilities that are equivalent to those performed at Assistant Director of Nursing level. The role the worker carries out is unique. The application of a Dual Responsibility Allowance is fair and reasonable.
2 The employer offered to settle the matter by applying a Dual Allowance to the worker in recognition of her enhanced role.
MANAGEMENT'S ARGUMENTS:
4. 1 The grade of Liaison Public Health Nurse is a national grade and the Public Health Nurses assigned to the liaison role throughout the wider HSE are graded at basic Public Health Nurse level. Concession of this claim would have knock-on effect throughout the HSE.
2 Management have given the claim full consideration and acknowledge that the worker concerned has at all times carried out her duties in a very committed and diligent manner. However, it has not been established that she undertakes any duties which differ substantially or carry greater responsibility or are more onerous than those of her colleagues graded at Public Health Nurse level.
RECOMMENDATION:
The Court has carefully considered the oral and written submissions of the parties concerned. In all circumstances the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Brendan Hayes
21st May,2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.