FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH - AND - A GROUP OF WORKERS (REPRESENTED BY IRISH NURSES ORGAINISATION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner R-070197-Ir-08/Eos, R-070198-Ir-08/Eos, R-070199-Ir-08/Eos, R-070201-Ir-08/Eos
BACKGROUND:
2. The issue before the Court concerns the appeal of a Rights Commissioner's Recommendation. The Worker's concerned are seeking access to a dual qualified salary scale plus abatement. In November 1999 a Department of Health Circular 112/99 issued and set out the arrangements in relation to payment of allowances including location allowance and the dual qualified scale. Management's position is that the Workers concerned do not meet the national eligibility criteria as it relates to the dual qualified Scale. The Union argues that all the Workers concerned were registered before the cut of date specified in the Circular and that they work alongside other staff who currently receive dual qualification plus abatement without satisfying the mobility clause.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 30th July 2009 the Rights Commissioner issued his recommendation as follows:
" Having considered the oral and detailed written submissions from both parties I find this issue is not appropriate for a Rights Commissioner. The interpretation of the Labour Court and Circular 112/99 is more for the Health Service National Council.
Recommendation
The parties jointly refer this issue to the Health Service National Joint Council for discussions"
On the 19th August, 2009 the Union appealed the Rights Commissioners Recommendations to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 2nd June 2010.
UNION'S ARGUMENTS:
3. 1 All the workers concerned are eligible for payment of dual qualification scale in terms of the date they registered their qualifications with the nursing Board. The very inequity which LCR No 16083 aimed to banish now prevails in Cork and Kerry were one arm of nursing is treated differently.
2 The Union agreed with the HSE that a red circling of the applications would resolve this difficulty yet the HSE South refused to accede to this.
3 The Worker's concerned clearly had an expectation that they should assume the identical pay scale as their work colleagues.
COMPANY'S ARGUMENTS:
4. 1 Management is satisfied that full regard has been given to the eligibility criteria as it relates to the application of the dual qualified scale.
2 Management is not in a position to set aside the nationally agreed criteria for accessing dual qualified salary scale as is being requested by the INMO in this claim.
3 Management is not in a position to concede the Union's claim having regard for the potential associated financial implications throughout the HSE.
DECISION:
There is no issue between the parties as to the interpretation of the nationally agreed criteria for the payment of the allowance in issue. Nor is it disputed that by application of the national criteria the Claimant’s in this case do not qualify for the allowance.
In all the circumstances of this case the Court does not believe that the national criteria can be disregarded in this case. Consequently the Court does not see merit in the Union’s claim.
Accordingly the Rights Commissioner’s recommendation is varied in the terms of this decision.
Signed on behalf of the Labour Court
Kevin Duffy
22nd June, 2010______________________
DNChairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.