FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH EAST - AND - A WORKER (REPRESENTED BY F�RSA) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Recommendation No.ADJ-00011236
BACKGROUND:
2. This case concerns a claim by the Union on behalf of the Worker that she be placed on the maximum point of her salary scale with effect from October 2013.
The Employer maintains that the Worker in this case was regularised into her post as part of a July 2012 agreement and was appointed to the appropriate point of the scale in accordance with that agreement.
- This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 30 April 2018 the Adjudication Officer issued the following Recommendation:-
- “Having examined all the evidence as presented at the hearing.... I have no jurisdiction to hear the claim."
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 5 June 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 17 October 2018.
DECISION:
The issue between the parties is a claim by the Worker to be placed on the maximum point of her salary scale with effect from October 2013. The Worker was regularised into her current grade in accordance with the July 2012 agreement between the HSE and a group of Unions. The Union on behalf of a group of workers had previously sought incremental credit in respect of service in the grade prior to regularisation but this claim had failed before the Court as it was specifically prohibited under the 2012 agreement.
The Union in their submission drew the Court’s attention to an Adjudication Officer’s Recommendation in 2016 which had recommended that the Worker in that case be placed on the maximum point of their scale. It was the Union’s contention that the circumstances in that case were similar to those of their member whose case was currently before the Court. They had engaged with Management in relation to the application of that Adjudication Officer’s Recommendation to their member but without any success.
The Employer, while acknowledging that the Adjudication Officer's Recommendation had been implemented for the Worker who took that case, submitted that the circumstances of this case were different. The Worker in this case was regularised into her post as part of the July 2012 agreement and was appointed to the appropriate point of the scale in accordance with that agreement. The Worker in the previous case before the Adjudication Officer was in a grade that was not covered in the first instance by the 2012 agreement and it was their understanding that the Worker in that previous case had been through a job evaluation process.
Section 6 of the July 2012 agreement states:
- “The provision of Circular 10/71 or other preferential arrangements for starting pay on promotions shall not apply in respect of posts filled through this initiative. Any post filled from this process, will have their starting pay determined by way of the addition of any allowance received, added to the current rate, rounded to the nearest point not below on the new scale. No retrospection will be considered.”
The Recommendation of the Adjudication Officer is amended accordingly.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
CC______________________
16 November 2018Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.