FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WEST/NORTH WEST HOSPITAL GROUP (HSE) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Grading of certain Coders.
BACKGROUND:
2. This dispute concerns the Workers' claim that they are incorrectly graded. 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 26th June, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st October, 2014.
UNION'S ARGUMENTS:
3 1 The Workers are paid as Grade III.
2 They carry out the exact same work as their Grade IV colleagues.
3 The Workers should be regraded Grade IV with full retrospection.
EMPLOYER'S ARGUMENTS:
4 1 This cost-increasing claim is precluded by terms of the Pubic Service Agreement.
2 Concession of this claim is precluded by the moratorium on recruitment and promotion in the Public Service.
3. Concession of this claim would have far-reaching implications for the entire Public Service.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the Claimants in this case are seeking neither a pay increase nor regrading but simply to have the agreed established rate (Grade IV) for the job for which they are employed applied to them. In line with its well established practice in such cases the Court recommends accordingly with effect from the date of this Recommendation.
The Court further recommends that the Claimants be given credit for the years they have been employed exclusively on coding work when being assimilated to the Grade IV scale.
Finally the Court recommends that the Claimants be assimilated onto the Grade IV scale with effect from the date of this Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
21st October, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.