ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006841
Parties:
| Complainant | Respondent |
Parties | Senior Staff Nurse | Health Sector Employer |
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-00003656-001 | 04/04/2016 |
Date of Adjudication Hearing: 17/05/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [ 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 was appointed to the senior nurse pay scale with effect from 1 October 2013. She is seeking retrospective payment from 2008. |
Summary of Complainant’s Case:
The Claimant commenced employment as a community nurse in June 2002. She was placed on the 10th point of the staff nurse salary scale rather than LSI. She should have then progressed onto the senior staff nurse scale in 2008. When she became aware that she was on the incorrect salary point in 2013 she requested that the error be corrected and sought retrospection. She was subsequently placed on the correct scale with effect from 1 October 2013. However, the Respondent refused to pay retrospection as they claim that the moratorium precluded the filling of any senior staff nurse (SSN) posts. It is claimed by the Claimant that her case predates the moratorium and is seeking full retrospection. It was argued that the Respondent is incorrect in regard to the moratorium on the filling of any SSN post from 2008 to 2013. The moratorium came into effect in March 2009 and only affected nurses who became eligible from 5 November 2009. In support of the claim for retrospection, Rights Commissioner decisions; r-092868-ir-10/GC and r-151321-ir-14/EH were cited. These decisions gave full retrospection to the Claimants. |
Summary of Respondent’s Case:
The Grade of SSN is a separate and distinct grade from the staff nurse grade and appointments are made on appropriate application. The Claimant did not make an application until November 2014. This was despite the fact that both the Respondent and her union alerting staff about the application process. The moratorium on recruitment and promotions did not allow for the appointment of any SSN between 2009 and the issuing of circular 17/20123 in October 2013. The circular provided for the appointment of nurses qualifying the position of SSN which were not processed in the previous four years, following the moratorium in 2009. She was appointed from July 2013 with no retrospection as per the terms of the circular. Case ADJ-00003253 was cited in support of the Respondents case. |
Recommendation:
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 do not find the cases cited in support of both the Claimant and Respondent case are on ‘all fours’ with the evidence in this case. The Claimant was present in her post in 2009 before the moratorium was introduced. Both her union and the Respondent alerted staff about the application process. Therefore the terms of circular 17/2013 applies in this case. I do not find the claim well founded and it fails |
Dated: 29/9/17
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
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