ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004370

Complaint(s):

Date of Adjudication Hearing: 02/05/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Location of Hearing: The Radisson Blu Hotel, Limerick

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

Summary of Complainant’s Case:

The Complainant is a Registered Nurse who qualified in October 2011 and worked continuously as a nurse in Ireland for approximately 2.5 years up to July 2014. In July 2014 the Complainant commenced employment with the Respondent and should have been placed on the 3^rd point of the incremental scale however was only placed on the second point.

That the employer comply with the national agreement on the application of incremental credit for nurses and appropriately apply same retrospectively to July 2014. The loss of incremental credit has impacted on both the hourly rate of pay and the premia earnings since July 2014 for the Complainant. The loss of same must also be rectified retrospectively.

The employer pay compensation to the Complainant for refusing to correct the error in the application of incremental credit and forcing a 3^rd party hearing.

A copy of the national agreement which sets out the correct application of incremental credit to nurses was provided by the Complainant’s Representative. This agreement followed from a Labour Court Recommendation in June 1999. The agreement came into effect on 1^st January 1999 to address non-application by some employers of incremental credit for temporary nurses, it also confirmed 18 years ago that full incremental credit may be granted in respect of all previous genuine nursing experience in Ireland and abroad.

At the reconvened Hearing a copy of Circular 2/2011 was submitted to support the claim and specifically relying on Section 11 which states” Incremental credit may continue to apply for recognised service e.g. abroad. Similarly those who leave the system will be able to reckon previous service on re-entry”.             

In making their applications for work with the Respondent the Complainant provided full details on the employer application forms. On issuing contracts to the Complainant the employer did not take note of all of the relevant nursing experience disclosed by the Complainant and erroneously placed the Complainant on the incorrect increment i.e. the second incremental point €29,497 instead of the third point of €30,537. The immediate loss of income was €1040 which is cumulative since July 2014. The Complainant subsequently became aware from other colleagues, some who were also placed on the incorrect increment and had it corrected, and of other newer nurses who graduated after them being on a higher increment in the same employment. The Complainant requested the employer to rectify their anomaly but were refused in June 2016.

The Complainant seeks full retrospection to the correct point on the scale and compensation for the delay in recognising her claim.

Summary of Respondents Case:

The Respondents case is that in the 2011 budget provision was made that “all new recruits to the entry grades of the public service must start at the first point of the relevant new entrant pay scale without exception”.

Not withstanding this however the Respondent used the contents of HR Circular 030/2009 to justify placing the Claimants on the second point of the pay scale and not the first as was its right and so they were in fact granted incremental credit for the period of their internships.

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

Circular 2/2011 issued in March 24^th 2011 and which applies to the Respondent is clear that all previous nursing service should be recognised by Employers and in this case this does not appear to have been granted to the Complainant. I recommend that the Respondent move the Complainant to the appropriate point on the Pay Scale to recognise all her Nursing service since Graduation and pay any backdated pay that is due to reflect this change. I feel this is sufficient to rectify the situation and no further compensation is appropriate.

Dated:   02/06/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

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