FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - JOE LAFFERTY (REPRESENTED BY PNA) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of a Rights Commissioner's Recommendation R-151704-Ir-14/JT
BACKGROUND:
2. This dispute concerns the Worker's claim to have the terms of the specialist qualification allowance applied to him. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 17th June, 2015 the Rights Commissioner issued the following Recommendation:-
- "The specialist allowance is payable to nurses directly employed in specialist area of clinical practice appropriate to the qualification held. This is not the case in this instance. I therefore do not find the claim well founded and it fails."
On the 20th July, 2015 the Employee 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 20th October, 2015.
3. 1.The Worker has the relevant qualification required to be paid the allowance.
2.There are numerous examples of services around the country of nurses with the same qualification being paid the qualification allowance and also one of the Worker's colleagues working in the same unit.
3.The worker was supported in his claim by the former Director of Nursing.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker does not meet all the criteria required in order to be paid the allowance.
2.Concession of payment of the allowance to the Worker would lead to a significant number of repercussive claims HSE wide from staff that have post-graduate qualifications but are not working with specialist areas.
3.The Employer says that this worker was not engaged in a specialist area on specialist duties as outlined by the HSE Circular.
DECISION:
This is an appeal by the Union on behalf of an employee against a Rights Commissioner’s Recommendation which found against his claim for application of a specialist qualification allowance following his successful completion of a Post Graduate Diploma in Mental Health, which is regarded as a Category II level specialist clinical qualification.
The Claimant is employed as a Psychiatric Nurse in the Laoise Offaly Mental Health Services based in the male admission unit in St. Fintan’s Hospital Portlaoise. On completion of the Diploma he sought application of the allowance in accordance with HSE Circular dated 4thSeptember 2002.
He sought application of the allowance to take effect from July 2013.
The Court notes that the Claimant is assigned to the Acute Admissions Unit of the Hospital. He was supported in his application by the former Director of Nursing, however, Management stated that he was not engaged in a specialist area on specialist duties as stipulated by the Circular. The Court must be guided by the stipulations as outlined in the Circular for entitlement to the Allowance and by Management’s clinical expertise, therefore the Court cannot uphold the Claimant’s claim. If in the future, the area is designated as a specialist area then the allowance should be applied to the Claimant.
Accordingly, the Court upholds the Right’s Commissioner Recommendation and rejects the appeal.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd November, 2015______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.