Complainant

Respondent

Anonymised Parties

A Midwife

A Health Care Provider

Representatives

SIPTU

Employee Relations Manager

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-00019264-001

18/05/2018

The worker is a direct entry midwife and has been employed since November 2007. The subject of the dispute relates to the payment of a specialist qualification allowance.

The worker contends that other Direct Entry Midwifes are in receipt of the specialist qualification allowance and that she has been treated less favourably as the allowance has not been applied to her. The worker stated that initially there was some confusion whether her colleagues were in receipt of a location allowance or the specialist qualification allowance. She stated it was subsequently clarified that they were in receipt of the specialist qualification allowance.

The worker stated that when she raised the issue locally, she was told she did not qualify for the payment of the allowance. The worker stated that she was informed by Management that the allowance was only payable to midwives who were originally Registered General Nurses and who had later qualified as Midwives. Management claimed that the allowance did not apply to Direct Entry Midwives. The worker stated that as other Direct Entry Midwives were in receipt of the allowance it was unfair that the allowance was not paid to her.

The worker’s representative stated that the Public Service Pay Commission has recommended that payment of the specialist qualification allowance be extended to direct entry midwives.

The employer stated that the allowance is not payable to the worker on the basis of her being a direct entry midwife. The employer stated that some of the worker’s colleagues were in receipt of the specialist qualification allowance, but the payment of the allowance was made in error and had ceased with consideration given to recouping the overpayments. The employer stated that by applying the rules as they currently exist, the worker would not qualify for payment of the allowance.

The employer accepted that the Public Service Pay Commission had recommended that the specialist qualification allowance be paid to direct entry midwives but as it had been accepted by SIPTU and rejected by the INMO, the issue is effectively at an impasse.

In relation to this dispute I find as follows:

The payment of the allowance does not currently apply to direct entry midwives. Payment of the allowance has ceased to those who received the allowance in error.

The payment of the allowance has collective implications. The Public Service Pay Commission has recommended that payment of the allowance be extended to direct entry midwives but sanction for payment is not forthcoming as it has been rejected by the INMO. If that issue is resolved collectively, the worker will receive payment of the allowance in line with the recommendations of the Public Service Pay Commission.

As the payment of the allowance has collective implications, I do not consider it appropriate to recommend in favour of the worker outside of the collective process.

Having considered the submissions of both parties and for the reasons stated, I do not recommend in favour of the worker.

Specialist Qualification Allowance