INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
SOUTHERN HEALTH BOARD
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Appeal of Rights Commissioners Recommendation IR9944/02/MR.
2. The worker was appointed as a permanent Welfare Officer with the Board from the 5th of June, 2001. Her claim is that she is seeking additional incremental credit for previous reckonable service, and that she was not put on the appropriate point of the salary scale on the 5th of June, 2001, at which stage she was over 24 years of age. The worker had previously been employed by the Board as a temporary Welfare Officer from the 6th of June 2000, to the 26th of October, 2000, a total of 144 days.
The worker claims that she should automatically have been put on a scale of €27,147 - €28,633 on the 5th of June, 2001, but that this did not happen. With incremental credit, the scale should have been €35,733 - €37,177. She is seeking incremental credit for her time with the Civil Legal Aid Board as a law clerk from 7th of January, 1997, to 17th of July, 1998, and for a period working in Saudia Arabia from 26th of October, 2000, to 31st of May, 2001. She is also seeking incremental credit for her time as a permanent grade V with a local authority from the 20th of July, 1998, to 5th June, 2000. The Board is satisfied that the worker received all the incremental credit she was entitled to as per the Health Service Employers' Agency (HSEA) agreement of 16th of March, 2000.
The worker referred her case to a Rights Commissioner who issued a recommendation on the 13th of March, 2003, as follows:-
"In line with the above findings, I now recommend that the worker should accept that her claim fails".
(The worker was named in the above recommendation).
The worker appealed the recommendation to the Labour Court on the 25th of March, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st of May, 2003, in Cork.
3. 1. The worker had considerable experience in a variety of roles that she should have received incremental credit for but did not.
2. The worker was not put on the correct point of the scale when she was appointed on the 5th of June, 2001.
4. 1. Following enquiries from the worker, she was given credit for her service in the County Council and was placed on the 6th point of the scale from the 5th of June, 2001.
2. The Employee Relations Department conducted an extensive search of the worker's service to find relevancy for previous credit. The Board is satisfied that she was treated fairly and received all relevant incremental credit.
The Court has considered the oral and written submissions of both parties. Having given careful consideration to the methodology used to calculate the worker's incremental credit, the Court is satisfied that there are no grounds to vary the decision of the Rights Commissioner. Accordingly, the Rights Commissioner's recommendation is affirmed and the appeal is disallowed.
The Court so decides.
Signed on behalf of the Labour Court
5th June, 2003______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.