FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE WEST - AND - A WORKER (REPRESENTED BY BERNIE WALSH) DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Upgrading / regularisation OF Grade VIII post.
BACKGROUND:
2. This dispute concerns the Worker's claim for regularisation under section 6 of HSE Circular 017/2013. 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 13th April, 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th October, 2015.
WORKER'S ARGUMENTS:
3 1 The Worker has been carrying out the full range of responsibilities of a Grade VIII post since March 2010.
2 The Employer should pay the Worker an acting allowance from March 2010 in recognition of this.
3 The Worker has a legitimate expectation that he should be regularised under section 6 of the HSE Circular 017/2013.
EMPLOYER'S ARGUMENTS:
4 1 A collective bargaining agreement was entered into in developing the HSE Internal Audit Division.
2 The Employer is satisfied that it has, at all times, complied with the terms of this collective bargaining / agreement.
3. The Worker did not satisfy the necessary conditions to warrant regularisation under HSE Circular 017/2013.
RECOMMENDATION:
Background
The Claimant is employed at Grade VII in the Respondent’s Internal Audit Division, based in Sligo. He reported to JB, a Grade VIII post-holder, until the latter’s retirement in March 2010. The Claimant’s case is that he has assumed the full range of responsibilities previously carried out by JB and has been performing these since March 2010. He is now seeking to have his post in Sligo regularised as a Grade VIII post pursuant to section 6 of HSE Circular 017/2013.
The Respondent’s position is that a national re-organisation of the internal audit structure in the HSE took place, following consultations with IMPACT, after the inception of the HSE in 2005. The agreed new HSE internal audit structure comprises four regional General Manager posts reporting to a single HSE National Director of Internal Audit. As a consequence of the restructuring, the Grade VIII post occupied by JB was suppressed when JB took early retirement in March 2010. Since 2011, the Claimant has reported to the General Manager Internal Audit Area West. Consequently, the Respondent is of the view that the Claimant is seeking an upgrade to a post that no longer exists.
Circular
HSE Circular 017/2013 (regarding the regularisation of acting posts in conjunction with the introduction of new arrangements for the short term filling of posts and the re-introduction of Senior Staff Nurse positions) issued on 15 October 2013 reflected an agreement reached between the HSE and various trade unions and staff representative bodies following discussions that had taken place under the auspices of the Haddington Road Agreement. The Circular provided for an agreed methodology for the filling of existing vacancies, subject to certain conditions being met.
As of 17 July 2015, following agreement with the relevant trade unions and under the auspices of the National Joint Council for the Health Services, the Respondent has initiated an appeal procedure in relation to HSE Circular 017/2013. The appeal procedure has commenced and is being conducted by Mr John Doherty. The agreed window of opportunity for employees to make an appeal as part of this process opened in July 2015 and closed in August 2015. The Court was informed by the Claimant that he has not availed of the appeals procedure.
Recommendation
The Court recommends that the Claimant should participate in the appeals procedure outlined above. The Court received a firm reassurance on behalf of the Respondent that the Claimant would not be prevented from availing himself of the appeals procedure notwithstanding the closure of the period for applications in August 2015. Finally, the Court accepts the Respondent’s assurance that the Claimant will be permitted to remain in post pending the conclusion of his appeal to Mr Doherty.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
20th October, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.