FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE HOSPITAL GALWAY (REPRESENTED BY HEALTH SERVICES EXECUTIVE) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Claim for payment of differential.
BACKGROUND:
2. This dispute concerns a claim for the payment of a differential (currently €3,700 per annum) which, per the provisions of Department of Health & Children Circular 145/2000, applied to certain social work management grades in the former Eastern Regional Health Authority. This 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 5th November, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 9th March, 2011.
UNION'S ARGUMENTS:
3 1 The differential has already been extended outside the former Eastern Regional Health Authority.
2 The Worker is now the only social worker service manager in a major hospital to whom the differential is not being applied.
3 This claim predates the moratorium on promotions and allowances.
EMPLOYER'S ARGUMENTS:
4 1 Theprovisions of Department of Health & Children Circular 145/2000 apply only to staff in the former Eastern Regional Health Authority.
2 The Employer's financial position is such that it is not in a position to conceed this claim.
3. Concession of this claim could have repercussive effects nationally.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this case.
The Court notes that this is a claim for the payment of an allowance to an individual, on a personal to holder basis consequent upon the extension of the terms of Department of Health and Children Circular 145/2000 to another employee in Cork who is employed in an identical post. The contention is that not to do so would unfairly and adversely distinguish this worker from all other comparable workers in the public health services.
Having considered all of the information put before it, the Court is not prepared to re-grade posts to bring them within the scope of Circular 145/2000 referred to above. There are many anomalies that arise out of the differing pay practices that developed historically in the constituent bodies that now make up the HSE. Such anomalies should properly be addressed through the appropriate collective bargaining institutions within the health services. They cannot be addressed on an individual basis through this Court other than in exceptional circumstances that clearly distinguish them for exceptional treatment.
In this case the Court notes that there is no request to regrade the post or to bring it within the scope of Circular 145/2000. The claim arises out of a unilateral decision by the HSE to extend the terms of that circular, with limited retrospection, on a personal to holder basis, for reasons that are very unclear, to an employee in Cork. The Labour Court (LCR 19345) subsequently awarded that employee full retrospection to bring her into line with comparable employees in the ERHA area. As a result of these decisions the claimant in this case became the only Manager of Social Work Services who was in place when the circular came into force who was not in receipt of the allowance. It was on this basis that the claimant in this case progressed her case for parity of treatment through the HSE to the Labour Court.
The Court has considered the claim in this context and finds that there is merit in the Union's case. However, the Court notes that the claim was first made on the employer on 9th February 2009.
Accordingly the Court recommends concession of the Union’s claim, on a personal to holder basis, with effect from 9th February 2009.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
24th March, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.