FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : UNIVERSITY HOSPITAL WATERFORD (REPRESENTED BY HSE SOUTH EAST) - AND - A WORKER (REPRESENTED BY F�RSA TRADE UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Date of appointment of upgraded post.
BACKGROUND:
2. This case concerns the appropriate application date of the Worker's upgrading.
On the 24 October 2018, the Worker referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 26 March 2019.
RECOMMENDATION:
The matter before the Court, which has been referred by the Claimant under Section 20(1) of the Industrial Relations Act, 1969, arises from the implementation of the decision of an Adjudication Officer in the Claimant’s claim for ‘regularisation’ in accordance with HSE Circular 17/2013. That decision, which was not appealed by either party, was to the effect that a job evaluation should take place. The Court is precluded by Section 13(10) of the Industrial Relations Act, 1969 from considering any matter upon which an Adjudication Officer has made a decision other than by way of an appeal to the Court of that decision.
The Claimant was upgraded as a result of an evaluation carried out in accordance with the nationally agreed job evaluation scheme. That evaluation outcome carried a date of 4thDecember 2017.
The employer contends that the terms of the nationally agreed scheme include a provision that the implementation date of any upgrading should be the date stated by the evaluation team. The Union contends that this provision is not an absolute and pointed the Court to the text of a question and answer document which stated as follows
- Generally, the effective date for upgrading is the date when the evaluation team certifies that the post should be upgraded. There would be no back pay in such cases.
In all of the circumstances the Court is unable to recommend an alteration to what appear to be the agreed terms of a national job evaluation scheme. The upgrading of the Claimant should take effect from 4thDecember 2017.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CC______________________
10 April 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.