FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST - AND - PNA DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Payment of Community Allowance
BACKGROUND:
2. This dispute concerns a claim on behalf of one worker for payment of Community Allowance on foot of his promotion to the position of a Community Mental Health Nurse (CMHN) in St. Brigid's Hospital Ardee. 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 January, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th March, 2014.
UNION'S ARGUMENTS:
3 1The Worker had a reasonable expectation on promotion to the post of CMHN that the Community Allowance would be applied.
2The Worker was not responsible for the delay that ensued in relation to the filling of the post.
EMPLOYER'S ARGUMENTS:
4 1Management reject the claim stating that from 1st February 2012, payment of Community Allowance was discontinued for staff newly appointed into posts that had previously attracted it.
2As the claimant was appointed to the role after 1st February 2012 he was not entitled to the allowance.
RECOMMENDATION:
The issue before the Court concerns a claim by the Union on behalf of a Community Mental Health Nurse for application of a Community Allowance, as applied to Community Mental Health Nurses employed prior to 1stFebruary 2012.
The Claimant had previously been employed as a Clinical Nurse Manager 1 and competed for a promotional position as a Community Mental Health Nurse in July 2011. On 10thAugust 2011 he was informed that he was successful in the competition, however due to administrative formalities associated with his recruitment, his starting date was delayed until 20thFebruary 2012. As this point a decision had been made to cease payment of the Community Allowance with effect from 1stFebruary 2012 for new beneficiaries and for those not already in receipt of the allowance. Therefore the allowance was not paid to him.
Having considered all aspects of this claim the Court is of the view that in the particular circumstances pertaining in this case there is merit in the claim and therefore the Court recommends concession of the Community Allowance in his case. This recommendation is confined to the specific circumstances of this case and can have no wider application.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th March, 2014______________________
CO'RDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.