FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JAMES HOSPITAL - AND - INMO DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Ms O'Donnell |
1. Retrospection Of Appointment To CNM 2
BACKGROUND:
2. This dispute concerns two employees of St James Hospital. Both employees are employed as Surveillance Nurses. Both were upgraded from CNM 1 to CNM 2 in 2015. They are seeking retrospection to their respective dates of appointment to the post as they feel CNM2 was the appropriate grade for the post.
The 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 3rd of December 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th of January 2016.
3. UNION'S ARGUMENTS:
1. The pay rate sought by the Union in this case was recommended by the expert group established by the HSE to develop guidelines for the establishment of this service.
2. This is not a cost increasing claim within the meaning of the Public Service Agreement as the Union is seeking the application of the recommended rate for the post.
3. Other hospitals that introduced this service applied the recommended CNM2 rate to the relevant staff and no grounds have been advanced by the Respondent for delaying its introduction in this case.
4. COMPANY'S ARGUMENTS:
1. The claim is cost increasing and is not permitted under the terms of the Haddington Road Agreement to which the union is a signatory.
2. The moratorium on recruitment and promotion was in operation when this matter was being pursued with management by the Claimant. Accordingly Management was not in a position to concede the claim at that time.
3. After the moratorium was lifted by the Government management immediately responded to a claim from the Union to have the post upgraded to CNM2.
RECOMMENDATION:
- The Court has given careful consideration to the extensive written and oral submissions of both parties to this dispute.
The Court notes that the post of Surveillance Nurse in the Infection Prevention & Control Unit has,following a claim by the INMO submitted on 10 March 2015, been graded as a CNM2 post with effect from 1 April 2015. Accordingly the substantive matter in dispute between the parties has been resolved.
In that context, the Court does not recommend concession of the Union's claim for retrospection to 2008, or any other intervening date.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
____20 January 2016______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.