FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE MIDLANDS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Rates of pay for staff who transferred from APT to HSE Midlands.
BACKGROUND:
2. This dispute concerns the correct rate of pay for staff who transferred to the HSE from APT in 2010. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 18th July, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th October, 2013.
UNION'S ARGUMENTS:
3 1 The Employer is treating the Workers as second class citizens.
2 The Employer is in breach of a national agreed pay / grading structure.
3 The Workers should be correctly graded with full retrospection.
COMPANY'S ARGUMENTS:
4 1 This cost-increasing claim is precluded by the terms of the Public Sector Agreement.
2 The Employer cannot depart from the provisions of the Government moratorium on recruitment and regradings in the Public Service.
3. Concession of this claim would have a negative impact on the delivery of key services.
RECOMMENDATION:
Having considered the submissions of both parties to this dispute the Court finds that the Claimants are entitled to be assimilated to the Band 4 scale with effect from 1 November 2013. Staff in supervisory positions should, from that date, be assimilated to an appropriate higher band.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th December, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.