FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation No: r-143334-ir-14/MH
BACKGROUND:
2. This is a cross appeal of Rights Commissioner's Recommendation No: r-143334-ir-14/MH. The issue concerns a Paramedic employed by the HSE who was previously employed as a Health Care Assistant. The Union is seeking that the worker be awarded incremental credit on the Paramedic payscale on the basis of her previous experience. The issue was referred to a Rights Commissioner for investigation. A Recommendation issued on the 18th March 2015. The Rights Commissioner did not recommend concession of the worker's claim for incremental credit but did award €5000 in compensation.
The Rights Commissioner's Recommendation was appealed in accordance with Section 13(9) of the Industrial Relations Act, 1969 by Management and the Union on 15th April 2015 and 23rd April 2015 respectively. A Labour Court hearing took place on 23rd September 2015.
UNION'S ARGUMENT:
3 1 The worker contends that the previous experience she gained as a Health Care Assistant is reckonable for incremental credit on the Paramedic payscale. There are other workers in exactly the same position that have been awarded incremental credit.
MANAGEMENT'S ARGUMENT:
4 1 Management has consistently applied its policy in relation to Incremental Credit. The worker's previous experience as a Health Care Assistant is not reckonable for incremental credit on the Paramedic payscale. The compensatory award is also unwarranted as there was no financial loss incurred by the worker.
DECISION:
Having given careful consideration to the submissions of both parties to this dispute the Court finds that the Complainant suffered no loss and accordingly no compensation arises. The Court further finds that the HSE accorded the Claimant the terms of the Agreements in place and accordingly there is no merit in the Union’s claim.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
14th December 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.