ADJUDICATION OFFICER RECOMMENDATION

 Adjudication Reference: ADJ-00006550

Parties:

 Complainant                Anonymised Parties      Respondent

Medical Scientist                                                   Public Hospital  

Representatives

Terence Casey Medical Laboratory Scientists Association                  Paul Rochford IBEC

DISPUTE

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-00008911-001 22/12/2016

Date of Adjudication Hearing: 14/11/2017Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 13 of the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.  

Background:

The Complainant had been employed since 2002, as a Senior Medical Scientist with a named Respondent until she was redeployed to the Respondent Company in 2009. She retained her salary as a Senior Medical Scientist but was not formally designated as such on her redeployment within the Grading Structures of the Respondent. She has consistently sought this designation and there is no cost in relation to her claim

Summary of Complainant’s Case:

The Complainant was employed from 2002 until 2009 with a named Employer until her redeployment along with all her colleagues into the Irish Public Health Service. The Complainant had previously been employed as a Senior Medical Scientist and agreement was reached between the Medical Laboratory Scientists Association and the Department of Health/HSE that all would be redeployed carrying their contractual commitments. Shortly before her redeployment the Complainant was informed she was to be graded as staff grade scientist within the Respondent’s grading structure. In December 2014 the MLSA wrote in support of the Complainant’s application that she be re-designated as senior medical scientist. It became apparent that the HR Department had a specific concern that the Complainant did not, in their view, have the necessary qualification to be employed as a Senior Medical Scientist. The MLSA set out their position that the Complainant was eligible to be so graded based on the qualification derogation agreed under the Expert Group Report of 2001 which was extended to 1st April 2009 which set out that those in service prior to 1st April 2000 did not require a MSc in Biomedical Science to be employed as a senior medical scientist. This is reflected in the salary scale where such scientists who do not have the qualification cannot progress on the incremental scale beyond the fifth point of the scale. The Respondent replied in November 2016 that the Complainant did not qualify. The matter was referred to the WRC.    

Summary of Respondent’s Case:

The Complainant has been employed as a Medical Scientist with the Respondent since September 2009. She had been employed as a Senior Medical Scientist prior to her redeployment in 2009. She retained her salary and terms and conditions of employment but not her title. The differing standards for designation between her former Employer and the Respondent meant that the Complainant had not received the required qualifications to be declared a Senior Medical Scientist as set out by the HSE. The Respondent would have no objection to reclassification once she obtains these qualifications. There were discussions between the Respondent, the MLSA and the HSE but the outcome was a decision from the HSE of 15th November 2016 that the Complainant did not possess the necessary qualification to be reclassified as a Senior Medical Scientist.  

Findings and Conclusions:

On the basis of the evidence and written submissions, including supporting documentation from both Parties, I find as follows. This complaint was originally heard on 22nd March 2017 and was adjourned for one month to allow the Parties to engage in discussions with the appropriate body, the HSE. There was an exchange of emails between the Adjudication Officer and the MLSA seeking an update in relation to these direct discussions with a final response from the MLSA on 21st September 2017 confirming that direct discussions had failed to resolve the issue. The Complaint was relisted for Hearing again on 14th November 2017. The HSE has set out in its Circular dated 28th March 2007 the qualifications necessary in the Irish Public Health Service to be classified as a Senior Medical Scientist. Both Parties confirmed at the Hearing that the Complainant did not hold the necessary qualification. Accordingly, I do not have jurisdiction to set aside these requirements and recommend the Complainant be reclassified as a Senior Medical Scientist. I note that it is only the reclassification is the subject of this dispute that the Complainant had retained all her Terms and Conditions and her salary since her redeployment.    

Decision:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute. On the basis of the evidence and written submissions from the Parties which I have carefully considered I do not recommend in favour of the Complainant  

Dated:   17th January 2018  Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words: Classification of Post – Does not possess the necessary qualification as required in the Public Health Service