FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Regularisation with full incremental credit
BACKGROUND:
2. This case concerns a dispute between the HSE and IMPACT in relation to a worker who is seeking to be regularised in a Grade VIII position and the retrospective application of incremental credit for the period she spent acting up into that grade. The Union contends that its claim is reasonable on the basis of the inordinate length of time that the worker has acted up into the position without the appropriate recognition.
Management's position is that the regularisation will take place but on a cost neutral basis as agreed under the Public Service Stability Agreement (2013-2016). Management further contends that it cannot deviate from the terms of that Agreement in relation to retrospective incremental credit for the period spent acting up.
On the 22nd November 2013 the worker referred the matter to the Labour Court 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 the 22nd January 2014.
UNION'S ARGUMENT:
3 1 The worker has been acting up into a Grade VIII position since 2005. She has been in receipt of an acting up allowance but has never been paid the appropriate incremental credit or been regularised in the post. The Union acknowledges the cost neutral regularisation but is seeking that the worker receive retrospective application of incremental credit for the time spent acting up.
MANAGEMENT'S ARGUMENTS:
4 1 An agreement has been concluded which will regularise the worker into the Grade VIII position. The agreement does not provide for the retrospective application of incremental credit for the period of acting up. Management cannot deviate from the terms of the agreement and therefore is not in a position to concede the Union's claim.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act, 1969 and concerns a claim for regularisation and incremental credit for the Claimant who has been acting up in a Grade VIII position since May 2005.
The Court accepts that the Claimant’s situation is anomalous in that she has been acting up for an inordinate time in a very senior position for which there is a clear permanent requirement.
This Court has previously expressed the view that the HSE has not been wholly consistent in the manner in which it has allowed or refused incremental credit on appointment to permanent posts and now wishes to reiterate that view. Inconsistencies of this nature, unless they are transparently justifiable, undermine management’s credibility on these issues and bring the entire process into disrepute.
The HSE has now confirmed that in line with the agreement reached under the Public Service Stability Agreement (2013-2016) otherwise known as the “Haddington Road Agreement” the Claimant will be regularised as a permanent Grade VIII postholder with the appropriate salary scale with effect from 1stOctober 2013. However, IMPACT on behalf of the Claimant has sought recognition of incremental credit for the years spent acting up in the grade.
The Court notes that the Claimant’s position is encompassed by the Haddington Road Agreement. This agreement provided that regularisation will take effect on a cost neutral basis. IMPACT as a party to that agreement is bound by its terms and accordingly the Court has no option but to recommend that the Union’s claim cannot be conceded.
However, the Court is strongly of the view that the inconsistent practices regarding the application of incremental credit which were alluded to in this case should form the basis of discussions between the parties with a view to agreeing a mechanism to address the situation and to ensure that such practices cease, with immediate effect.
Finally, the Court is of the view that the HSE should adhere to its well established procedure for resolving disputes and therefore such matters as encompassed by this dispute should not come before the Court under Section 20 (1) of the Industrial Relations Act, 1969.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th March 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.