FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DAUGHTERS OF CHARITY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation No: r-117901-Ir-11/JC
BACKGROUND:
2. This case concerns an appeal by the Union of Rights Commissioner Recommendation No: r-117901-Ir-11/JC. The issue concerns the imposition of a pay reduction on a Nurse employed by the Daughters of Charity. The Union contends that the reduction in pay is unwarranted as the worker was not a new entrant as she had experience in analogous employment within the sector. Management's position is that the previous experience was not reckonable as it was prior to the worker becoming a Registered General Nurse (RGN). The matter was referred to a Rights Commissioner for investigation. Her Recommendation issued on the 31st May, 2012 and did not find in favour of the worker's claim. On the 4th July 2012, the Union appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 5th October, 2012.
UNION'S ARGUMENTS:
3 1 The pay reduction was inappropriate as the worker had gained previous experience within the sector. The worker had applied to An Bord Altranais for registration but there was a delay on its part in processing the application. The delay occurred through no fault of the worker and she should not incur any losses as a result.
MANAGEMENT'S ARGUMENT:
4 1 The worker had not registered with An Bord Altranais as a Nurse when previously employed and therefore the experience is not reckonable. Her pay reduction is therefore in line with all new entrants into the sector.
DECISION:
The matter before the Court concerns the Union’s appeal on behalf of an employee of a Rights Commissioner’s Recommendation, which found against her claim that the Employer had incorrectly adjusted her salary in January 2012 and recommended that as the issue concerned an interpretation/application of Department of Health And Children Circular 2/2011“Application of 10% Reduction in Pay Rates to Entry Grades in the Health Sector”that it should be addressed as part of national level discussions.
The Employer stated that the Claimant’s salary was reduced in order to comply with the terms of the Circular, which required new entrants to the health sector from 1stJanuary 2011 to be on a reduced salary. The Employer held that the Claimant was a first time entrant to her grade and that her previous service working as a Staff Nurse in St Ita’s Portrane from 18thSeptember to 30thOctober 2010 was not analogous to her current role as she was not a registered nurse at the time.
The Union confirmed for the Court that the Claimant had completed all her exams and had submitted her application for registration to An Bord Altranis during mid-September 2010 however, due to a delay on the part of An Bord Altranis she did not receive her registration until 11thNovember 2010.
Based on the confirmation given to the Court, it is satisfied that the Claimant applied for registration while she was employed at St. Ita’s Portrane and therefore the delay in registering with An Bord Altranis was not of her making and consequently she was in analogous role during her period in St Ita’s. The Court is satisfied that the circumstances of this case are unique and have no repercussive effects and in all the circumstances of this case the Court recommends in favour of the Union’s claim.
The Court upholds the Union’s appeal and overturns the Rights Commissioner’s recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th November 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.