FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST. JAMES'S HOSPITAL (REPRESENTED BY IBEC) - AND - A WORKER (REPRESENTED BY DEIRDRE GAVIN B.L. INSTRUCTED BY KENNY SULLIVAN SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Appointment of Senior Staff Nurse to be back dated to 2007.
BACKGROUND:
2. The Claimant, a Staff Nurse in the Hospital since 2000 is claiming an entitlement to be retrospectively appointed to the Senior Staff Nurse grade back dated to 2007 when she achieved 20 years post qualification service. Management consider that no entitlement exists and if it did it would be precluded under the terms of the Public Service Agreement 2010-2014 and the Public Service Stability Agreement 2013-2016 as it is a cost-increasing claim.
On the 1st May, 2014 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 1st July, 2014.The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. The Claimant was never provided with information regarding to the Senior Staff Nurse grade or the fact that it was available to her on completion of 20 years post qualification service as a Nurse which occurred during 2007.
2. The Claimant only went on to the Senior Staff Nurse pay rate from 1st July 2013, 6 years after she would have benefitted had the higher rate been awarded in a timely manner.
EMPLOYER'S ARGUMENTS:
4. 1. Senior Staff Nurses have obligations and duties associated with the grade which cannot be acknowledged retrospectively.
2. Concession of this claim would have significant knock-on effects and would undermine Agreements reached and applied nationally.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the Claimant, from 2009 onwards, was aware that she had been provided with incorrect information in 2007 in answer to a query regarding advancement to the post of Senior Staff Nurse by an unidentified person in the Human Resources Department. The Claimant did not raise a complaint regarding that matter with the Hospital until early November 2013. The Court finds that the Claimant did not adequately explain that delay.
For its part the Hospital has no record of such an engagement with the Human Resources Department by the Claimant in 2007.
In all the circumstances of the case the Court finds that the Claimant failed to raise her grievance with her employer in a timely manner and cannot now do so after such a delay.
The Court therefore does not recommend concession of the worker’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
24th July, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.