FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH - AND - MS MARIE CUMMINS (REPRESENTED BY IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of a Rights Commissioner Recommendation ir114227/11/MR
BACKGROUND:
2. The Claimant completed for the Medical Secretary Job Evaluation Process, Upgrading of Posts, which was a confined competition for Grade IV Medical Secretary. The Claimant was successful and was placed number six on the panel. In a letter dated 15th January, 2008 the Claimant was informed only three positions would be filled. Over the next few months the Workers placed one to five on the panel were promoted either to full time or to job sharing positions. When another Medical Secretary post arose a Worker who was at Grade V and who had not gone for interview was appointed to the role of Medical Secretary. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 14th February, 2012 the Rights Commissioner issued the following Recommendation:-
- “I therefore recommend that the HSE South should agree, on a wholly exceptional and “without precedent” basis, to upgrade Marie Cummins to Grade IV level with effect from 1 January 2012, and that Ms Cummins and IMPACT should accept this recommendation in full and final settlement of this claim.”
On the 1st March, 2012 the Employer 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 14th March, 2013.
UNION'S ARGUMENTS:
3. 1. The other five Workers on the panel were promoted to Grade IV.
2. Before the position of Medical Secretary was offered to the Worker at Grade V, it should have been offered to the Claimant.
3.The Claimant is doing the same work as her colleagues but is on a lower rate of pay.
COUNCIL'S ARGUMENTS:
4. 1. The claim lodged is cost increasing and is precluded under Section 1.27 of the Public Service Agreement.
2. The claim seeks to set aside the National Agreement between the HSE and IMPACT - Job Evaluation Scheme.
3. Any requests for upgrading or evaluation of the Job Evaluation Scheme have been suspended under the Government Moratorium.
DECISION:
In the Court’s opinion this case involves a claim for individual re-grading in circumstances in which the Claimant is plainly being remunerated at the incorrect grade. It is accepted that the duties which she performs are identical in all material respects to those of her three colleagues who are at Grade IV whereas she is on Grade III. In that regard her circumstances are exceptional and the Court can see no reason as to why her erroneous grading should be perpetuated.
In these circumstances the Court affirms the recommendation of the Rights Commissioner but with the modification that the re-grading take effect from the date of this Decision.
Subject to this modification the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
27th March, 2013.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.