FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal Of Recommendation Of A Rights Commissioner R-090633-ir-10/EOS
BACKGROUND:
2. This dispute concerns the Worker's claim that she be confirmed in her present post of CNM1 and receive incremental credit for the years she has been acting CNM1. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 23rd September, 2010 the Rights Commissioner issued the following Recommendation:-
- “I am satisfied that the Claimant has a legitimate grievance and recommend that the Claimant be appointed to the position of CNM1 with effect from the 31st December 2009 and assimilated onto the 5th point of the CNM1 scale with effect from the same date”.
On the 15th October, 2010 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20thMarch, 2012.
3. 1. The Worker has served in an acting post, with ever-increasing responsibilities, for over seven years.
2. The Worker has unsuccessfully attempted to resolve this matter, receiving only a succession of promises to look into her situation.
3.The Worker should now be appropriately compensated for her commitment..
EMPLOYER'S ARGUMENTS:
4. 1. Consideration of this claim is precluded by the terms of the Moratorium on Recruitment and Promotions in the Public Services.
2. This cost-increasing claim is precluded by the terms of the Croke Park Agreement.
3. National negotiations are currently taking place which may eventually resolve cases such as this.
DECISION:
The Court is satisfied that the claimant in this case has been in an acting position for an inordinate length of time and it would clearly be unfair to allow this position to continue indefinitely. It follows that the Union's claim has merit.
The court is conscious of the ongoing negotiations at national level on the regularisation of those in long term acting position. While the Court cannot preempt the outcome of these negotiations there must, in fairness, be some limitation on the length of time that the Claimant can be expected to wait before having her particular circumstances addressed.
The Court recommends that this claim be deferred until 1st June 2012. If agreement is reached nationally on the regularisation of those in long-term acting posts, the terms of that agreement should be applied to the Claimant. If agreement is not reached by that date the matter should be referred back to the Court. In that event the Court will issue a definitive recommendation on the merits of this particular case on the basis of the submissions and arguments already made without the necessity of a further hearing.
Signed on behalf of the Labour Court
Kevin Duffy
16th April, 2012______________________
JMCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.