FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE (SOUTH) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Implementation of the outcome of a Job Evaluation Process and payment of Acting Allowance
BACKGROUND:
2. The issue before the Court concerns the implementation of the findings of a job evaluation process and the payment of an acting allowance. A job evaluation of medical secretaries in the South East region was concluded in 2006. It recommended that 24 post should be upgraded. In the absence of the implementation of the evaluation by the HSE, the Union submitted a claim for an acting allowance for medical secretaries who were filling posts that had been evaluated upward under process. In 2007, the Union referred the matter to the Labour Relations Commission. A Conciliation Conference was held in 2008 and an agreement was reached between the parties. The HSE position is that details of the agreement were not formally recieved until March 2009 at which time it was unable to implement the agreement due to the ban on recruitment and promotion.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 7th April, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th May, 2011.
UNION'S ARGUMENTS:
3. 1 The medical secretaries are sitting in upgraded posts and have been doing so without recognition or compensation since the outcome of the evaluation.
2 The Union contends that it was well within the authority of the HSE to implement the outcome of the evaluation process before the current financial restraints.
3 The agreement falls outside the timeline in respect of the financial restraints set out in the various departmental circulars. The delay on the part of the HSE in implementing the agreement has now created a legacy which is in the fullness of time presenting more problems for the HSE.
COMPANY'S ARGUMENTS:
4. 1 Despite the efforts of Management to implement the agreement, the Government imposed moratorium on Recruitment and Promotions took effect just days after the agreement was published in early 2009.
2 The situation relating to medical secretaries has changed dramatically since 2009. Management are currently in talks with the Union under the auspices of the Public Service Agreement 2010-2014, both regionally and locally, in a number of sites in relation to major changes to how the medical secretarial work is carried out in acute hospitals.
3 The outcome of this major change of practice will mean that the grading structure outlined in the job evaluation of 2006 may no longer be relevant or fit for purpose in the new way in which this service is provided.
RECOMMENDATION:
There is no doubt that the issue in dispute was resolved by way of a collective agreement concluded between the parties in 2008. The implementation of the agreement was delayed and the subsequent imposition of a moratorium on recruitment and promotion had the effect of preventing its implementation.
It is accepted that a concluded collective agreement exists between the parties providing for the regrading of the claimants. There is obvious merit in the unions claim that this agreement should be implemented. Moreover, there is no suggestion that the claim is precluded by the Public Service Agreement 2010-2014.
It is clear that the moratorium on recruitment and promotion is a real and serious impediment to the implementation of the agreement in issue. While recognising the merit of the claim the Court can only recommend that the parties meet as soon as possible for the purpose of seeking to identify an appropriate mechanism by which this matter can be resolved.
Signed on behalf of the Labour Court
Kevin Duffy
13th June, 2011______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.