FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : UCC - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Decision r-128906-ir-12/MMG.
BACKGROUND:
2. This dispute concerns the Worker's claim that she does not receive the appropriate rate rate of pay and is denied a Specialist Qualification Allowance. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 20th March, 2014 the Rights Commissioner issued the following Recommendation:-
- "It is my recommendation that the [Worker] accept the terms and conditions as outlined and as [she is] currently working."
On the 28th April, 2014 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 13th November, 2014.
3. 1. The Claimant is not being paid the correct point on the scale.
2. Less experienced staff are being paid more than the Claimant.
3.The Claimant should receive the appropriate incremental credit and Specialist Qualification Allowance.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker is being paid the approved salary on the correct point on the scale.
2. The Worker accepted the terms and conditions of employment offered to her.
3. Concession of this claim would inevitably lead to similar claims from other staff.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court decides as follows:-
Assimilation to Scale
The Court decides that the Complainant should, when being assimilated to her current pay scale, have been allowed credit for her years of service in the Public Service.
Specialist Qualification Allowance
On the basis of the evidence before it the Court finds thatSpecialist Qualification Allowanceare not a feature of the pay structure of Research Nurses in the Education Sector. On that basis the Court does not find merit in the Union’s claim and decides accordingly.
The Rights Commissioner’s Recommendation is varied accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
21st November, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.