SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
DOVE HOUSE MUIRIOSA FOUNDATION
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Treacy
1. Upgrade To Instructor/Facilitator Grade
2. This claim was referred to the Labour Court under the terms of the Public Pay Service Agreement. It is a claim by 3 workers employed as Care Assistants to be upgraded to the grade of Supervisor/Instructor. It was previously before the Court on 30 October 2018 and was adjourned.
3. 1. The Union seeks upgrading for 3 workers and seeks greater retrospection than that offered by the employer to 2 workers.
2. The Union rejects the employers offer to support 1 worker to study in order to attain required qualifications.
3 The Union claims that the workers are already carrying out the work of the upgraded position.
- 1. The Employer has offered the 3 claimants the opportunity to achieve an upgrading to Social Care Team Leader.
3. The Employer maintains thatit has no capacity to appointment one worker as an unqualified Social Care worker.
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes that very significant engagement has taken place between the parties and notes that those engagements have resulted in a proposal from the employer.
The Trade Union seeks to have the claimants appointed as Supervisor / Instructors. The employer asserts that, due to a change in policy direction arising from the development by the HSE of a ‘New Directions Personal Support Services for Adults with Disabilities’policy and the introduction by HSE of ‘Interim Standards for New Directions, Services and Supports for Adults with Disabilities’in November 2015, the role of Supervisor / Instructor is no longer performed in the organisation.
The employer asserts that in order for a person to function as a Social Care worker they must, having regard to relevant standards, hold the appropriate qualification. The employer has also asserted that, having regard to relevant standards, it has no capacity to make an approved appointments as unqualified Social Care worker at this time.
The employer has proposed that two of the claimants who hold appropriate qualifications to enable them to take up a role as Social Care Worker – Team Leader should be appointed to that role. That proposal was made on 1stMarch 2019 with retrospective application of the relevant pay scale for six months. For an offer made on 1stMarch 2019 that offer produced an application date of 3rdAugust 2018. The Trade Union accepted the proposition in principle but disputes the level of retrospection offered by the employer.
The employer proposed that the third claimant, who does not hold the specified qualification for performance of the role of Social Care Worker – Team Leader, would be fully supported to pursue the necessary qualification so as to qualify for a Social Care Worker Role – Team Leader. The Trade Union seeks the appointment of the third claimant to a role as Unqualified Social Care worker.
The Court has considered the full circumstances of this matter. The Court concludes that no practical recommendation can be made for the appointment of a person to a role which is no longer performed in the organisation or to appoint a person to a role for which the person is not appropriately qualified or to a role to which an approved appointment cannot be made.
In all of those circumstances therefore, the Court recommends that the Trade Union should, in respect of the two qualified claimants, accept the proposal of the employer to take up a role as Social care Worker - Team leader. The Court further recommends that the salary scale should apply from 3rdAugust 2018.
The Court also recommends that the Trade Union should accept the proposal of the employer in respect of the third claimant with the amendment that whenever she is appointed as a Social Care Worker – Team Leader she should, consistent with the recommendation of the Court in respect of the first two claimants, receive retrospective payment of the pay rate for twelve months prior to the date of appointment.
The Court so recommends.
Signed on behalf of the Labour Court
29 August 2019Chairman
Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.