INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
MID WESTERN HEALTH BOARD
- AND -
(REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION)
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr Nash
1. Payment of increments.
2. The claim relates to the payment of incremental credit in relation to previous experience by the worker, now employed by the Health Board as a Senior Dietician, for experience carried out in the private sector and research work carried out by her in the Dublin Institute of Technology.
The national incremental process allows for an employee to progress along the salary scale subject to a certificate of satisfactory service during the preceding 12 months by the appropriate supervisor. The rules surrounding incremental credit state a person must have workednot less than8 hours per week for a 52 week period, in order to be granted a yearly increment. The 52 weeks do not necessarily have to be worked in the same calendar year. In April 2000 the 'Expert Group Report on Various Health Professionals' re-confirmed an agreement made in March 2000 on the granting of Incremental Credit to Paramedic, Clerical & Administrative and Analogous grades.
"In terms of recognition of previous experience on appointment, the Agreement refers to 'previous relevant experience whether in Ireland, or subject to clarification, abroad'. In this context 'previous relevant experience' refers to previous service in a similar grade in the Civil Service, Local Authority Service, Health Service and other public service bodies or agencies in Ireland or abroad.
The Board are aware that private sector experience is reckonable for incremental credit. However, the worker does not have an entitlement to same as she does not fill the criteria in relation to the rules surrounding incremental credit as stated above.
The claim could not be resolved at local level. The Union referred the claim to the Labour Court on the 31st August, 2004 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 8th December, 2004.
3.1 The 'Expert Group Report on Various Health Professionals' clearly states that " in all cases, newly appointed recruited therapists to given full incremental credit for previous professional experience, at home and subject to certification abroad".
2.Research work done with the Dublin Institute of Technology has not been recognised for incremental purposes.
4.1 Management rejects the claim submitted by the Union. The worker's research and private sector experience do not qualify for incremental progression.
2. Research is not clinical experience and therefore cannot be considered in determining incremental progression. Time spent on study has never been considered 'reckonable service' for incremental credit.
3. To concede this claim would set a serious trend/precedent for the future across all grades in the Health Service, i.e. nursing, medical etc, thus having far reaching implications for the Health Services.
4. The Board has dealt with the worker's application for incremental credit in a fair and equitable manner as per national rules and agreements.
The Claim before the Court relates to the Health Board's failure to pay incremental credit for previous service in the private sector and for research work completed. Having considered the views of the parties expressed in their oral and written submissions, the Court accepts that the Health Board correctly applied the rules concerning the granting of incremental credit for previous service. Therefore the Court does not recommend in favour of the employees claim.
Signed on behalf of the Labour Court
15th December, 2004______________________
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.