FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST VINCENT'S UNIVERSITY HOSPITAL - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of Recommendation of a Rights Commissioner r-068766-ir-08/JW
BACKGROUND:
2. St. Vincent's University Hospital (SVUH) is a 550 bed teaching hospital with a range of medical and surgical specialties. The case concerns a claim for regrading by three Porters out of a total compliment of approximately ninety. The three Claimants are assigned to the Pharmacy Department and claim that their duties have evolved over time to such an extent that they now would equate more closely to the grade of Supplies Officer Grade. The Pharmacy provides medicines to more than seventy clinical areas both internally and externally from 08.30hrs. to 17.00hrs. Monday to Friday.
The issue involves a claim by three Workers The matter was referred to a Rights Commissioner for investigation and recommendation. On the 5th March, 2009, the Rights Commissioner issued his Recommendation as follows:
"The three Claimants have participated in the evaluation process agreed for their grade. This process is agreed at national level and not with any individual hospital. It would be inappropriate to develop a separate evaluation process outside existing agreements.
I recommend that the complaint is not well-founded and I find in favour of the employer".
On the 15th April, 2010 the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 13th May, 2010.
UNION'S ARGUMENTS:
3. 1. The Workers wish to have their posts compared and evaluated with those in similar positions in other hospitals.
2.All changes in the role were requested by the Pharmacy Management and has resulted in the role being more alined to that of Supplies Officer D grade.
COMPANY'S ARGUMENTS:
4. 1. It is most unusual that the outcome of an evaluation process be referred to another body for adjudication.
2. The role of Supplies Officer in SVUH is different to that of Porters and reports to Purchasing and Procurement Manager.
3. This is cost increasing claim and contrary to section 27.7 of Towards 2016.
DECISION:
The Court notes that the object or purpose of the claim being pursued by the Claimant's is to secure an evaluation of their posts outside the process prescribed by the Recognising and Respecting the Role Agreement.
That is a nationally agreed process applicable throughout the public health sector. It does not allow for any alternative evaluation system. It is noted that the Claimants could have re-entered their posts for re-evaluation, after the expiry of one year since the last evaluation, if they considered that the circumstances had changed in the interim. However, they chose not to do so. The Court has been informed that the scheme is now suspended due to the moratorium on re-grading in the public sector.
In all the circumstances the Court cannot see any reasonable basis upon which the claim before the Court should be conceded. Accordingly, the recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
9th June, 2010______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.