FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - FOUR WORKERS (REPRESENTED BY PSEU) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Unfairly Denied Incremental Credit
BACKGROUND:
2. This dispute concerns the Workers' claim that they were denied incremental credit. The Workers referred this case to the Labour Court on 25th July, 2013, 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 30th October, 2013.
UNION'S ARGUMENTS:
3. 1. Department of Finance Circular 38/2007 clearly details how incremental credit applies to people in acting-up positions.
2. The Employer is in clear breach of this Circular.
3.The Workers have suffered financial loss as a result of this.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer is acting in accordance with established practices pertaining to acting-up positions in the Public Service.
2. Concession of this claim is precluded by the terms of the Financial Emergence Measures in the Public Interest (No. 2) Act, 2009.
- 3. Concession of this claim is precluded by the terms of the Haddington Road Agreement.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court finds that the Claimants were dealt with in a manner consistent with the agreed terms on which staff transferred from the HSE to the Civil Service and / or in a manner consistent with the provisions of the 'Haddington Road Agreement'. Accordingly, the Court finds no basis upon which the terms of those agreements can be departed from in respect of these employees.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
9th December, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.