AD159

• Following discussion at the Hearing it was confirmed by both parties that the Claimant was on €32,189.00 on 7th January 2010. This was reduced to €30,525.00 effective from 1st January 2010 following the enactment of FEMPI. Both parties confirmed that the Claimant is seeking the rate of €32,906.00 which both parties confirmed is the pay scale for the Grade of Health Care Assistant not Hospital Attendant.
  
  On the basis of the evidence and the ensuing discussion between the parties at the hearing I find that the Claimant is on the correct point of the Hospital Attendant Scale. I do not recommend in favour of the Claimant.

WORKER’S ARGUMENTS:

3. 1. The Claimant was employed as a Hospital Attendant from 2002 which included all the duties of cleaning, catering and caring. The Claimant was a Multi Care Attendant.

2. When the Claimant was certified fit to come back to work she came back in the same role but to the Catering Division on the advice of the Occupational Health Specialist (OHS).

3. The change of name to Multitask Assistant should not have impacted on her rate of pay in any way.



EMPLOYER’S ARGUMENTS:

4. 1. In 2006, as part of the reorganisation of Support Staff roles, the role of Hospital Attendant was divided into three individual roles, Catering, Housekeeping and Health Care Attendant.

2. At the time of the division of roles, the Claimant on the recommendation of Occupational Health and her Medical Practitioner was working in catering only and on that basis remained in her catering role. The Claimant did not request a change or indicate that she wished to change from her role in catering.

3. At no stage since the Claimant was assigned to catering duties only in 2005, has the Claimant either through Occupational Health or through her Medical Practitioner advised the HSE that she is now medically fit to carry out duties other than catering duties.




DECISION:

This is an appeal by the Union on behalf of an employee against a Rights Commissioner’s Recommendation which found against her claim that she has been placed on the wrong scale on her return to work from sick leave. Prior to her absence in 2004 the Claimant was employed as a Hospital Attendant on catering duties. During her absence on sick leave, as part of the reorganisation of Support Staff roles, the role of Hospital Attendant was divided into three individual roles, Catering, Housekeeping and Health Care Attendant. Locum/relief staff who could be requested to carry out any of the three roles were appointed as Multitask Attendants, on a higher scale than the Hospital Attendant scale.

The Union contended that on her return the Claimant should have been placed on the Multitask Attendant scale, however, she continued on the Hospital Attendant scale.

Management stated that on the recommendation of the Occupational Health Physician and the Claimant’s Medical Practitioner, it was recommended that she should work in catering only and accordingly she continued in that role on her return from sick leave and it was not until 2013 that she sought to be graded as a Multitask Attendant. Management stated that in order for a worker to be placed on the Multitask Attendant scale, they must fulfil the following criteria:-

• ohold a FETAC Level 5 qualification
  oflexible to work in Catering, Housekeeping or as a Health Care Attendant
  oavailable to work night duty hours