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LCR22091

FULL RECOMMENDATION
CD/19/225
RECOMMENDATION NO. LCR22091
CCc-163821-19

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990


PARTIES :
HSE CERS

- AND -

4 REGIONAL CHIEF ENVIRONMENTAL OFFICERS
(REPRESENTED BY FORSA)


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Mr Marie
Worker Member: Mr McCarthy
SUBJECT:
1. Effective Date Of Salary Scale


BACKGROUND:

2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 8 July 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 29 August 2019.



3. UNIONS ARGUMENTS:


1. The Union is seeking for the salary scale to be applied from the date of appointment of the Regional Chief Environmental Officer's.


EMPLOYER'S ARGUMENTS:

  • 1. The Employer maintains that the increased salary scale is a result of prioritising salary over paying high levels of retrospection.

RECOMMENDATION :

The issue in dispute between the parties relates to the effective date of a salary upgrade awarded to four Regional Chief Environmental Health Officers (RCEHO) posts. This grade was introduced in mid-2008. At that time the appointees to the post were advised that the salary was subject to review and that an interim allowance would be paid pending the outcome of the review. In 2009 the moratorium on recruitment in the public service was introduced and this was followed by FEMPI legislation.

In March 2016 the parties reached agreement on the terms of reference for the review. The Final report arising from the review issued in May 2017. The Union are seeking an effective date from date of appointment. The Employer submitted that when setting the new rate, they had settled for a rate in the upper region of the band being considered as an acknowledgement of the delay in addressing this issue. However, the issues causing the delay were outside their control. It was the Employer’s initial position that the effective date should be the 11th May 2018 the date that the HSE formally proposed the new pay scale. However, they had moved their position to an effective date of 1st January 2018.

The Court having read the submissions of the parties and listened carefully to the oral submissions on the day, recommends that the effective date for the new pay scale should be 1st May 2017 and should be applied to any individual who was in the post at that time.

The Court so recommends.




Signed on behalf of the Labour Court



Louise O'Donnell
DC ______________________
6th September 2019 Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.