FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST JOHNS HOSPITAL - AND - A WORKER (REPRESENTED BY IRISH NURSES AND MIDWIVES ORGANISATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation No: r-117664-ir-/11/MR
BACKGROUND:
2. This case concerns an appeal by the Union of Rights Commissioner Recommendation No: r-117664-ir-/11/MR. The issue concerns a Nurse who is seeking retrospective payment of the specialist qualification allowance applicable to her employment. The Union contends that at the material time (2007-2012) the allowance was paid to the Nurse while she was assigned to Theatre (60% of her time at work) but not paid while she was assigned to a Day Unit. (40% of her time at work). The Union contends that three of the four areas within the Day Unit qualify for the payment of the allowance but it was not paid to the worker. Management contends that the allowance is only payable while assigned to duties relating to their specific qualification but not when assigned to other non qualifying areas.
The matter was referred to a Rights Commissioner for investigation. His Recommendation issued on 9th July 2012 and awarded the worker €2,500 in full and final settlement of the claim.
On the 14th August, 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 20th February, 2013.
UNION'S ARGUMENTS:
3 1 The qualification allowance should be repaid to the worker as she was also entitled to receive the payment while assigned to the Day Unit. It is unaceptable that management ceased the payment while she was assigned to the Day Unit when three of the four areas within the Day Unit also qualify for the payment.
MANAGEMENT'S ARGUMENT:
4 1 The worker was paid the allowance while she was assigned to theatre but was not entitled to the payment while she was assigned to other duties not relating to her specific qualification.
DECISION:
- The appeal before the Court made by the Union on behalf of a Theatre Nurse seeking payment of all outstanding segments of the specialist qualification allowance from September 2007 to February 2012. The Appellant was employed as a Staff Nurse in the Day Unit of the Hospital, she has held a specialist qualification in Theatre Nursing since September 2007 and is required to work in all areas of the Unit, including Theatre, Recovery, Endoscopy and the Day ward. The Union submitted that the Appellant was entitled to payment of the allowance for those occasions when she rotated her duties between the various different units. The Union submitted details of her working patters, which indicated that while she primarily working in the theatre, she would occasionally, rotate her duties to work in the other areas.
Hospital management stated that as Circular 112/99 Revised Allowances for Nursing Grades and Labour Court Recommendation No: 16083 provided that the allowance should only be paid on those occasions when a nurse was engaged on duties appropriate to the allowance and should not be paid for short periods when not engaged in these duties.
Having considered the submissions and having examined the Circular and the Labour Court Recommendation, the Court is satisfied that in the particular circumstances of the this case, and having examined the duties undertaken by the Appellant during the period in question that the Appellant fulfilled the criteria for payment of the qualification allowance. Accordingly, the Court finds in favour of the Union’s appeal and recommends that the outstanding payment of €5,200 should be paid to the Appellant.
Accordingly, the Court amends the Rights Commissioner’s Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th March 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.