FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE ST MARY'S HOSPITAL (REPRESENTED BY HEALTH SERVICE EXECUTIVE) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr Hall |
1. Appeal of Adjudication Officer Decision No: ADJ00004318 CA-00006141-001.
BACKGROUND:
2. This dispute concerns the Worker's claim that his previous service as a Health Care Assistant from July 2006 to November 2012 should be taken in to consideration when considering the point on the Health Care Assistant pay scale he was placed on following his recommencement of employment in the role as an intern in December 2013 and as permanent employee in September 2015. This dispute was referred to an Adjudication Officer for investigation and recommendation. On the 15th May 2017 the Adjudication Officer issued the following Recommendation:-
| "Ihave 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." ADJ00004318 |
- On the 15th June 2017 the Employer appealed the Adjudication Officer's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 13th October 2017.
UNION'S ARGUMENTS:
1. The Worker has a total of 9 years' service as a Health Care Assistant.
2. The Terms and Conditions of Employment of the Health Service Executive clearly states: "...incremental credit is normally granted on appointment in respect of previous experience in the health service."
3. Department of Finance circular of 21 December 2010 Section 9 states the Worker should be assimilated into pre-2011 pay scale on reappointment.
EMPLOYER'S ARGUMENTS:
1. The Worker was aware of the terms and conditions of his appointment on application for the post.
2. HR Circular 025/2015 states that interns will be appointed to the next favourable position on the appropriate scale, almost always the first point.
3. The issue of incremental credit for previous service is currently the subject of national talks.
The following is the Court's Decision:
DECISION:
This is an appeal by HSE against the Recommendation of an Adjudication Officer ADJ-00004318, CA-00006141-001 in a claim by an employee under the Industrial Relations Act, 1969.
The Claimant who is employed as a Health Care Assistant sought application of incremental credit for past service in the Health Service. The Claimant was appointed under the HSE“Intern Scheme for Health Support Staff”as a Health Care Assistant on 9thDecember 2013 and was based in St. Mary’s Hospital. He was placed on the first point of the Intern Health Care Assistant pay scale in line with HSE Circular 014/2013. On 8thSeptember 2015 he was made permanent in line with HSE Circular 025/2015.
The Claimant had previously worked as a Health Care Assistant in Tallaght Hospital from 10thJuly 2006 until 4thNovember 2012, when he left the Health Service for family reasons.
HSE management submitted that the Claimant undertook the role as Intern Health Care Assistant in full knowledge of the terms of the Scheme. It stated that the issue of recognition of incremental credit for Health Support Staff Interns has been the subject of national discussions with SIPTU for some time and a draft agreement has been reached, which will provide for incremental credit from a current date.
The Court notes that the Intern Scheme which the Claimant was appointed on in December 2013, was an initiative under the Public Service Stability Agreement (2013 – 2016) which provided for the introduction of an initiative to recruit Intern Health Care Assistant, Multi-Task Attendants and other Support Grades on a two year programme, to be employed on a new HSE pay scale – the Intern Health Care Assistant pay scale, in line with HSE Circular 014/2013. Thereafter, under the Public Service Stability Agreement (2013 – 2018) it was agreed that subject to satisfactory service, after 18 months service, the current cohort of Interns would be appointed to permanent positions in the Health Service. This agreement was outlined in HSE Circular 025/2015. The circular provided that such Interns would be appointed to the next favourable point on the appropriate scale, (most likely the first point).
The Claimant was appointed accordingly, however, as his past service was not recognised, he submitted his claim.
Having considered the submissions of both sides, the Court recognises that the Claimant was appointed under the terms of the Intern Scheme and was appointed to a permanent position by virtue of Circular 025/2015. Taking account of the recent national collective negotiations between HSE and SIPTU on the Intern Scheme, the Court recommends that the Claimant is entitled to recognition for his previous Health Service experience and should be appointed on the appropriate point of the scale with effect from 1stJuly 2017, which the Court understands will place him on the top point of the Health Care Assistant scale with effect from 1stJuly 2017.
The Court varies the Recommendation of the Adjudication Officer accordingly.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
JD______________________
20 October 17Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Deegan, Court Secretary.