FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Regrading
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its member for regrading. The Worker concerned has been in the position of Infection Control Manager since September, 2005. The position was graded at Clinical Nurse Manager III level at that time. It is the Union's argument that the previous holder of the position was graded at Assistant Director of Nursing, as is the same position in comparable hospitals. The Employer's position is that the salary of the previous incumbent was personally red-circled to her. The Union is seeking to have the worker regraded at Assistant Director of Nursing level backdated to September 2005 and compensation for their failure to adhere to the agreed disputes resolution procedures.
The Union on behalf of the Worker referred her case to the Labour Court on 20th April, 2010, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 23rd February, 2011.
UNION'S ARGUMENTS:
3. 1 The worker has a reasonable basis for regrading to Assistant Director Level. There are other hospitals and services in the HSE that pay Infection Control Managers at this level. There have been appointments made at this level subsequent to that of the Worker in September, 2005.
2 This is classed as a minor claim and therefore is allowable under the Public Service Agreement, 2010
3 The actions of the HSE in failing to allow the Worker's claim to be addressed normally through the agreed third party procedures shows a disdain for a professional, competent and loyal employee with seventeen years service.
COMPANY'S ARGUMENTS:
4. 1 The Claim is a cost increasing claim and is precluded under the terms of the Public Service Agreement, 2010
2 The previous Infection Control Manager held her position on a personal to holder basis as agreed with the Union. The previous incumbent performed additional duties which was the basis for the agreed higher rate of pay applying. A survey of other hospital locations indicates that the grading of Infection Control Manager ranges from Clinical Nurse Manager II to Assistant Director of Nursing Level. This would place the worker concerned in the mid-range of grades undertaking this work.
3 The Union sought to progress a national claim for Infection Control Managers in 2006. No agreement was reached between the parties. Concession of this individual claim may create a domino effect inflating the pay expectations of staff in other hospitals working in the same area at a lesser grade than Assistant Director of Nursing.
RECOMMENDATION:
The matter before the Court brought under Section 20(i) of the Industrial Relations Act, 1969 concerns a claim by the Claimant for regrading from Clinical Nurse Manager III to Assistant Director of Nursing Grade with retrospective application back to September 2005 and a lump sum compensation payment for the failure to adhere to the agreed dispute resolution procedure and the unnecessary delay.
The Union on behalf of the Claimant submitted that on appointment to the position of Infection Control Manager for the Hospital, the Claimant should have been graded as Assistant Director of Nursing, in line with the previous incumbent and with the practice in other hospitals of similar size. The Court notes local management’s support for the Claimant’s claim.
The HSE West does not accept the validity of the claim and in any event it submitted that the claim was cost increasing and therefore precluded by the terms of paragraph 1.27 of the Public Service Agreement 2010 – 2014. Furthermore, the moratorium on recruitment and promotions in the public sector restricts it from conceding a promotion to the Claimant.
The Court is not in a position to determine the validity of the claim in the absence of an independent evaluation of the position in dispute, however, the Court is precluded from recommending concession of the claim under the terms of the Public Service Agreement 2010 – 2014, due to the cost increasing nature of the claim.
Accordingly, the Court must reject the claim at this time.
Lastly, the Court recommends that in the event of future disputes between the parties, the agreed industrial relations procedures should be fully adhered to by both sides.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th March, 2011______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.