FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation No: r-143282-Ir-14/EOS
BACKGROUND:
2. This case is an appeal by the worker of Rights Commissioner's Recommendation No: r-143282-Ir-14/EOS. The issue concerns a claim by the worker to have previous service within the ambulance service recognised for incremental credit on his appointment to the Emergency Medical Technician (EMT) grade. The worker contends that he should have been placed at a higher point on the EMT payscale on the basis of his previous experience. Management contends that worker's previous experience as an Emergency Medical Controller was not reckonable for incremental credit on the EMT payscale.
The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 30th April 2015 and did not find in favour of the worker's claim. On the 28th May 2015 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 29th October 2015.
UNION'S ARGUMENT:
3 1 The worker has additional experience within the Ambulance Service which should be reckonable for incremental credit on the EMT Payscale. The duties previously carried out are comparable to those of an EMT grade therefore the additional increments should be applied to the worker.
MANAGEMENT'S ARGUMENT:
4 1 The two roles within the Ambulance Service are not comparable. The worker was initially employed as an Emergency Medical Controller and subsequently trained and qualified as an EMT. Management contends that on appointment as an EMT, the worker was placed on the correct point of the payscale.
DECISION:
Having considered the submissions of the parties the Court can find no basis upon which it could disagree with the conclusions reached by the Rights Commissioner in this case.
Accordingly the appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
13th November 2015______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.