FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : UNIVERSITY COLLEGE CORK (UCC) - AND - A WORKER (REPRESENTED BY INMO) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation R-141184-IR-14/JOC.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal of Rights Commissioner's Recommendation R-141184-IR-14/JOC. The dispute relates specifically to the Worker's claim that she has been placed on the incorrect salary scale and is seeking retrospective application of the correct salary scale. It is the Employer's position that when the Worker returned to the Public Service after having left and completed training, she was classed as a new entrant and was placed on the correct salary scale in accordance with Department of Finance guidelines. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 30th September 2014, the Rights Commissioner issued his Recommendation as follows:
"I cannot recommend concession of the claimant's case".
On the 23rd October, 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 19th June, 2015.
UNION'S ARGUMENTS:
3. 1. The Union contends that the Worker's previous experience as a Dental Nurse must be taken into consideration for the purpose of establishing her correct pay rate.
2. The Worker was incorrectly classed as a new entrant when she returned to the Public Service after completion of training to become a Registered General Nurse.
3. The Worker has been placed on the incorrect salary scale and has suffered a significant financial loss as a result.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer contends that the roles of Dental Nurse and Registered General Nurse are by no means analogous in nature.
2. The Employer maintains that the Worker was properly classed as a new entrant upon her return to the Public Service.
3. The Employer asserts that the Worker has been remunerated appropriately at all times.
4. The Worker's claim is cost-increasing and is prohibited under the terms of the current Public Services Agreement.
DECISION:
The only issue for consideration in this case is whether the position of Dental Nurse and that of Registered General Nurse are analogous for the purpose of Department of Finance Circular of 21st December 2010 on the application of 10% reduction in pay rates to entry grades to the public service.
Having considered the submissions of the parties it is clear that there are substantial differences between both positions in terms of duties, qualifications and salary. In these circumstances the Court does not believe that the positions can be classified as analogous within the meaning of the applicable circular.
It follows that the Union's claim cannot succeed. Accordingly the appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
8th July 2015______________________
SCChairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.