LCR20616

SUBJECT:
1. Regrading of a post.



BACKGROUND:

2. This dispute concerns the Worker's claim that she should be upgraded to Clinical Nurse Management (CNM) III. The Worker referred this case to the Labour Court on 9th February, 2012, 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 1st October, 2013.





UNION'S ARGUMENTS:

3. 1. The Worker is employed as a CNM in a Band I hospital.

2. The classified grade for a CNM in charge of a Band I hospital is CNM III.

3.The Worker should be regraded CNM III with full retrospection.



EMPLOYER'S ARGUMENTS:

4. 1. The Worker applied for and accepted the position of CNM II.

2. Concession of this cost-increasing claim is precluded by the moratorium on recruitment and promotions.

• 3. Concession of this claim would have national implications.
  

RECOMMENDATION:

The matter before the Court was brought under Section 20(1) of the Industrial Relations Act, 1969. The Union on behalf of the Claimant submitted a claim that she was should be graded as Clinical Nurse Management (CNM) III and not as CNM II. The Union sought application of CNM III grade retrospective to 27^thFebruary 2012, the date she was permanently appointed as overall nurse manager of the Emergency Department in the Midlands Regional Hospital Mullingar.

The Union submitted that as Midlands Regional Hospital Mullingar was classified as a Band I hospital in 2006 and as the classified grade for a CNM in charge of Band I hospitals was CNM III since 2002, then the Claimant was not being paid the correct rate of pay.

HSE Management accepted that as CNM in charge of a Band I hospital the claimant should be graded as a CNM III, however, it held that it was prohibited from re-grading her due to the moratorium on recruitment and promotions in the public service and the Public Service Agreement 2010-2014.

Having considered the oral and written submissions of both parties, the Court notes that it is not disputed that the Claimant is carrying out the role of a CNM III and accordingly, the Court recommends that she should be properly and appropriately classified as a CNM III and paid in accordance with the CNM III grade salary scale, with retrospective effect to 27^thFebruary 2012.

The Court so recommends.







Signed on behalf of the Labour Court



Caroline Jenkinson
7th October, 2013______________________
JMcCDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.