ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00004318
Parties:
| Complainant | Respondent |
Anonymised Parties | Health Care Assistant | A Hospital |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00006141-001 | 26/07/2016 |
Date of Adjudication Hearing: 22/11/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.04 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] 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:
The Claimant is seeking incremental credit for past service as a health care assistant. |
Summary of Complainant’s Case:
The claimant is a permanent heath care assistant with a total of nine years’ service. He was appointed to this permanent post on 8 September 2015. The terms of employment of the HSE states: incremental credit is normally granted on appointment in respect of previous experience in the health service. The Dept. of Finance circular 21 December 2010 section 9 states that he should be assimilated into pre 2011 pay scale om reappointment after a break in service. |
Summary of Respondent’s Case:
The Claimant commenced employment as an intern health care assistant on 9 December 2013. He was appointed on the first point of the pay scale in line with HSE circular 014/2013. The case for staff recruited under the intern scheme was being examined nationally. Under the Haddington Road Agreement his appointment was for two years and in line with circular 025/2015 he was appointed to the next favourable point on the pay scale which is almost always the first point of the scale. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
I have considered the submissions of both parties. I have delayed my decision to await confirmation of a nationally agreed process to deal with cases such as the Claimants’. I have not been advised of such. I therefore find the Claimant’s case well founded and recommend that his past service be recognised as a health care assistant. He should be placed on the appropriate point on the health care assistant pay scale. |
Dated: 15th May 2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words: