Worker

Employer

Anonymised Parties

A Worker

A Health Service Provider

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00002021

30/11/2023

The claimant has been employed at her current work location since 2002 .Sit was submitted that from 2016 she has been carrying out  her current role as Quality , Safety & Risk Co-Ordinator   and submits that she is paid less than her colleague Co-Ordinators /Officers  in other hospitals  who are paid at Grade VII  level while she is paid at the lower Grade VI level. She said the job she is doing is identical to her colleagues and she has pursued the case through the respondent’s grievance procedure , to no avail. The respondent has not disputed the merits of the claim but is concerned that the claimant’s appointment by designation will generate complaints from other employees.

1.       INTRODUCTION

 The case before you today is in relation to a claim for pay parity and the correct job title and rate of pay for the job that the complainant is doing, compared to colleagues in identical roles in other hospitals within the employment. The complaint was lodged with the WRC on 30th November 2023 under Section 13 of the Industrial Relations Act, and states: "I have been working with the respondent  since 2002, and am currently employed as a Quality, Safety & Risk Co-Ordinator in the hospital  and am paid on a Grade VI pay scale. I have been carrying out this role since 2016. I lodged a grievance with my employer, seeking pay parity and the correct job title and rate of pay for the job that I am doing, which is identical to my colleagues employed as Health & Safety Officers in other hospitals, who are remunerated at Grade VII level. My stage I grievance was not upheld and I appealed to Stage II and met with the General Manager of the Hospital on l0th July 2023. At this stage, my employer has stated that all internal mechanisms to resolve the issue have been exhausted and that I should refer the matter to the Workplace Relations Commission. I am therefore requesting the assistance of the Adjudication services in relation to my claim for pay parity and correct rate of pay for the job that I am doing.

2.       BACKGROUND TO DISPUTE

 The complainant has been working in the employment since 2002, and in 2015 she took responsibility for Health & Safety  at the  Hospital , when the  Hospital Health & Safety Committee was established. This was remunerated at Grade IV. Below is a synopsis of the role and responsibilities that the complainant has held since 2015:

 Autumn 2015 - Asked by Facilities Manager, to get involved with Health & Safety - set up the hospital H&S Committee

 Responsibility for recruiting and training Health & Safety Reps since 2016.

 March 2016 - National H&S Function Audited the Emergency Department – Hospital  scored 17% - complainant was tasked with preparations required for a re-audit.

 6 weeks notice that the auditors were returning in September 16 to audit 28 Departments - the complainant was tasked with preparing for all28 Department Audits.

 Responsible for setting up the H&S Portal (Shared File) and the Safety Rep Forum .

Became the Lead for Dangerous Goods Safety Advisor until2022 when the hospital appointed a grade 6 environment and waste co-ordinator. Still has responsibility for medical gas and chemical safety.

Needle stick incidents - developed theosave Andy Campaign".

Completed Level 7 in Health & Safety through UCD - paid for by the hospital.

 2019 - SCA 2-day audit on Risk Management System at Hospital  - Report and recommendations stated that the complainant should be named in the Safety Statement as the Lead for H&S as I was qualified and carrying out the role.

 2020 - Covid 19 - was responsible for dealing with the Health & Safety Authority on both occasions when they inspected the Hospital  for covid 19 compliance. Sept 2020 andFebruary 2021

 2020 - Obtained a first class honours degree in Level 8 Health & Safety. Also received an academic achievement aware for the top results received.

Developed organisational risk assessment for Violence & Aggression, which is now on the Hospital Risk Register.

Became involved with Risk Management and advocated for Hospital  to be using the correct risk assessment template. Became a member of the Risk Register Committee

 Introduced the Hospital  internal H&S audit programme (Hospital  won the H&S Excellence in Healthcare Award 2023 - based on this programme)

 Aprll 2022 - The complainant was appointed as Quality Risk & Safety Coordinator having successfully competed for same in a recruitment competition. This is numerated at Grade VI. Was responsible for drafting the Hospital  5-year Strategy for H&S

Established the Hospital  Fire Safety Working group and introduced fire evacuation drills

Carries out unannounced inspections with the Regional Fire Prevention Officer the Manual Handling Instructor.

Coordinates fire safety training for all Hospital  staff every 12 months (approx. 2500) in addition to fire drills, manual handling etc.

Responsible for reporting activity via a KPI report for the H&S Committee and also update the Hospital Executive Board via Facility Manager's Report.

March 2023 - H internal H&S audit programme (HOSPITAL won the H&S Excellence in Healthcare Award 2023 - based on the Internal H&S Audit Programme developed by the complainant.

May 2023 - The H&S Authority carried out an inspection on Manual Handling - Chief Ergonomist in Ireland was very impressed with HOSPITAL. Ms. KD, General Manager for the  respondent’s  National H&S Function, rang to congratulate the complainant. Suggested that the work in the  HOSPITAL could be used for other  sites

. JuIy 2023 - Responsible for preparing HOSPITAL for a Level 2 Audit by the National H&S Function - compliance is 85% and HOSPITAL achieved 92%

. Invited to attend the National H&S Officers Forum in November 2023.

 Asked to attend the Hospital Major Emergency Planning Committee as the H&S Officer

 2024 - Responsible for providing both General Manager and Director of Nursing in HOSPITAL with information on all H&S Audits and inspections that were carried out in HOSPITAL throughout 2023. Also information on the HOSPITAL Health & Safety Committee and all Safety Reps in place

 National H&S Function - invited to attend the National Manual Handling workshop on 9th February 2024

 Asked by General Manager HOSPITAL to join the SCA Healthcare Quality Safety and Risk Forum commencing on 27th Feb.

 Provides assistance and advice to both  A  Hospital and B University Hospital in H&S

3.       UNION ARGUMENT

 It is obvious from the synopsis of the complainant's role above, that she has very competently and successfully carried the responsibility for Health & Safety in  the University Hospital since she took up this role in2016.

The complainant has completed both Level 7 and Level 8 Qualifications in Health & Safety, both of which were funded by her employer. A letter from her Line Manager  to the Finance Officer dated 20th June 2018 identifies the complainant as the person who "has been looking after Occupational Health & Safety for HOSPITAL since 2015" (Appendix 2).

 This was further evidenced in an email from Mr. B to then Director of Nursing, dated 13.12.2018 - detailing the H&S systems in place - please refer to specifically the sentence highlighted "Health & Safety Function is co-ordinated and lead by the Facilities Department with a fully trained Health & Safety Officer providing expert advice and information"

 Up until the complainant was appointed as Quality Risk & Safety Coordinator in April 2022,the complainant was being paid as a Grade IV while being the person responsible for all matters relating to HOSPITAL's Health & Safety since 2016.

 When the complainant was appointed into the Quality Risk & Safety Co-Ordinator role, she sought recognition for her previous years of experience and that she be placed on a higher point on the pay scale. The HR Manager replied to this request to state that this past experience would be reviewed (Appendix 4)

. It would appear that this never happened, and the complainant was place on Point I of the Grade VI pay scale.

The complainant raised the issue of her incorrect grading with her Line Manager on 14/ 1012020 (Appendix 5)

23/812021(Appendix 6) 11/2/2022 at one-to-one meeting (Minutes attached as Appendix 7)

The complainant lodged a grievance under the hospital’s  Grievance Procedures and the Stage I hearing took place on 9e February 2023. In the outcome of this hearing Mr. B states "I fully accept that the evidence you have presented highlights that roles with the same job specification are recognized as Heath & Safety Officers and are paid at Grade VII across other hospitals and other hospital groups, but I do not have the authority to authorize these changes as you have requested".

  The grievance was not upheld. (Appendix 8)

The complainant then wrote to the General Manager, , on 10th July 2023 to appeal her grievance to Stage II. Having received no response, she emailed on 30th August requesting a response within 7 working days. Again there was no response from him.

 On 20th September 2023, the complainant wrote to the HR Manager, to escalate the matter to Stage III. At that point, the complainant was advised that all internal mechanisms had been exhausted and therefore recommended that the complainant make a referral to the Workplace Relations Commission.

 Based on the  Circular issued on22"d September 2022,thecorrect grading for Health & Safety Officer roles within the employment  is at Grade VI level. This memo was circulated to all HR Departments within the  Hospital Group, however  the claimant’s hospital did not address this issue and were content to leave the complainant carrying out that role at Grade VI level.

 Information was provided to the employer of competitions in a large number of hospitals throughout the country from2020 which are advertised as Grade VII . This evidences the anomaly that exists in the claimant’s  Hospital.

 See attached Appendix 10 which compares the Job Specification for the most recent job advertisement on the employer’s Website for this role, advertised at Grade VII, and the Job Specification for the role that the complainant holds in  her  Hospital. The roles and responsibilities that are identical on both job specifications are highlighted in yellow.

 The employer has acknowledged the excellent work carried out by the complainant in this role, which is also evidenced in the audit reports and excellence awards. See email from General Manager .

 The employer has also acknowledged that the employee is carrying out this work at Grade VI level rather than the established grade for the role which is Grade VII. The fact that she has been incorrectly graded in this role since 201 6 has resulted in  a large saving for the employer at the expense of the employee.

4.       SUMMARY & CONCLUSION

 The complainant is seeking pay parity with her colleagues in identical roles in other hospitals in the employment , and recognition for the role that she is carrying out in her  Hospital. She is seeking:

o Correct title for the role as Health & Safety Officer

 o Correct pay scale at Grade VII level as per the employer’s  Memo relating to same.

o The complainant has raised this anomaly with her employer since 2020, with no success in having it addressed. She is also seeking retrospective application of the correct grade in recognition for carrying out this role since 2016, firstly at Grade IV level and then at Grade VI level.

We respectfully ask that the adjudicator give consideration to this claim on behalf of our member.

1.       Background

The claimant  commenced working in  her Hospital in 2001 .Since her time working at the hospital she has progressed from Grade 3 and Grade IV in the Facilities Department at the hospital to her current Grade VI role as Quality, Risk & Safety Coordinator to which she was appointed in April 2022.

2.       Claim

The claim as outlined in the referral is that the complainant has been performing as Quality, Safety & Risk Co-Ordinator and is paid at a Grade VI level. The claimant  is seeking pay parity and correct job title which she has considered identical to her colleagues employed in other hospitals who are being remunerated at a Grade VII level as Health & Safety Officers.

3.       Respondent’s Position s

As noted above  the claimant  has been employed at the hospital since 2001 and has been in her current role since April 2022. The claimant’s work ethic and commitment to the hospital has been huge and the employer acknowledges the work carried out by her.

The employer also notes HR Memo that was issued in September 2022 (Appendix 1). outlining supports for Health & Safety Officer Appointments. However, as it is the post that we are talking about, as opposed to an employee, and therefore there is a difficulty for the employer in “imparting” such a post on an employee without an open competition, under the current recruitment process, (which is collectively agreed by the Trade Unions). In such a scenario the employer has a concern that other employees could step forward and say that they had an interest in that post and were denied the opportunity to apply for it.

 The claimant  has exhausted the grievance procedure and the grievance was not upheld on the basis that the claimant  had applied for a specific role which was advertised in January 2022 as a Grade VI Quality, Risk & Safety Coordinator .

 However, the employer does recognise the work that the claimant  carries out. She  has been leading the introduction of a robust Health & Safety system within the Hospital and provides daily expert support to over 30 Safety Reps across all Hospital Departments. The claimant’s  local work has been recognised within National Health & Safety functions including the Health & Safety Authority, and her expertise has been called on to advise on the implementation of new initiatives in other Hospitals in Ireland.

4.       Conclusion

 It is not within the employers remit to impart a job without running an open competition. The claimant has presented the employer with evidence of other colleagues doing an identical role as her throughout the country at a higher rate of pay therefore, this is not a cost increasing claim rather a like pay for like work. Chairperson, the employer respectfully asks that you use your good office to adjudicate on this matter.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. I note that there is no dispute between the parties in relation to the level at which the claimant is operating and that she is doing work of equivalent value to her colleague comparators in Hospitals across the country. It is notable that the claimant provided a distinguished level of service from her appointment to a Health & Safety brief from   2016  while being paid at Grade IV level and that throughout this time she pursued and successfully achieved  both  Level 7  and Level 8 qualifications which were funded by the respondent. The claimant was appointed to a grade VI Co-Ordinator position in April 2022. In their submission the employer acknowledged “this is not a cost increasing claim rather  like pay for like work”.       Given the unique circumstances pertaining in this dispute  and  the length of time the claimant was functioning  at a higher grade although this was not reflected in her remuneration from 2016  - for a 6year period she was paid at Grade IV level – the second lowest paid grade in the admin stream -  , I am recommending in full and final settlement of this dispute that the claimant be appointed to the Grade VII position of Health & Safety Officer by designation with effect from May 2022 ( assimilation on the basis of nearest point plus 1) and that she be paid a compensatory sum of €5,000 in recognition of the length of time she was functioning at a higher level than Grade IV over a 6 year period .This recommendation is unique to the circumstances of this dispute and cannot be relied upon or invoked at any other forum.