FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH - AND - ANN O ' KEEFFE (REPRESENTED BY INMO) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Retrospection of Senior Staff Nurse Salary.
BACKGROUND:
2. This dispute concerns a claim by the Worker for retrospective payment of the Senior Staff Nurse salary scale. The INMO, on behalf of the Worker, referred this case to the Labour Court on 28th September, 2010, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 12th May, 2010.
UNION'S ARGUMENTS:
3. 1. A nurse is paid the Senior Staff Nurse salary after 20 years post qualification nursing experience.
2. The Worker was eligible for Senior Staff Nurse in 2003.
3.The Worker should be paid full retrospection of the Senior Staff Nurse salary.
EMPLOYER'S ARGUMENTS:
4. 1. Processing of this cost-increasing claim is precluded by the terms of the Public Sector Agreement 2010-2014.
2. Concession of this claim would inevitably lead to other similar claims nationally.
3.Concession of this claim would require the setting aside of nationally agreed eligibility criteria.
RECOMMENDATION:
The issue before the Court under Section 20(1) of the Industrial Relations Act, 1969 concerns the Claimant’s claim for application of the Senior Staff Pay scale retrospective to November 2003, when she had completed 20 years recognised service for the purposes of qualifying for the scale.
HSE South did not accept the validity of the claim and stated that the applicable date for payment of the scale was 5th November 2008 in line with the agreement reached on the eligibility criteria for application of the scale, 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.
The Court is precluded from recommending concession of a cost increasing claim under the terms of the Public Service Agreement 2010 – 2014, accordingly, the Court cannot process the claim before it.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th May, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.