FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE - AND - IRISH MEDICAL ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Acting Allowance
BACKGROUND:
2. This dispute concerns a claim for an acting allowance. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 20th November, 2013 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st January, 2014.
UNION'S ARGUMENTS:
3 1 The Worker assumed considerable additional responsibilities when she took on the role of Director of Public Health.
2 The Worker is at a considerable financial disadvantage vis-a-vis her colleagues.
3 The Union requests that the allowance be put in place for the Worker on an ongoing basis.
COMPANY'S ARGUMENTS:
4 1 The payment of an allowance is prohibited under the provisions of the government moratorium.
2 The Worker's situation is no different to many other staff of the HSE who have undertaken additional and higher duties since 2009 without any compensation.
3. The Employer does not see any merit in this claim. It is cost increasing has the potential to set a dangerous precedent and is contrary to the provisions of the HRA/PSA.
RECOMMENDATION:
It is noted that the Union's claim for payment of the allowance in issue has been conceded by the HSE and the only issue between the parties relates to the date from which the allowance should take effect. It is also noted that the HSE has conceded that the Claimant should be paid the allowance in respect of the period between April and August 2013 and that it should continue until her regularisation in the post.
The Court notes that the question of the allowance was raised by the Union in 2010 but it was not pursued at that time. In the Court's view the effective date of claim was February 2012. The Court recommends that the HSE should offer retrospection to that date and the Union should accept that offer in full and final settlement of this claim.
Signed on behalf of the Labour Court
Kevin Duffy
10th February, 2014______________________
CO'RChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.