Worker

Employer

Anonymised Parties

A Senior Nurse Specialist

A Health Authority

Representatives

Mr Niall O'Sullivan, Psychiatric Nurses Association (PNA)

Initially Mr Eamonn Ross, HR Department and latterly Ms Janice O'Neill

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00003441

20/11/2024

The dispute concerned the alleged failure to pay the correct Salary grade to a Nurse.

The employment began in June 2026 and continues.

The rate of pay is the National Nurses scale per appropriate Grade.

The Worker was represented by Mr O’Sullivan of the Psychiatric Nurses Association – the PNA.  Oral Testimony was given supported by a detailed written submission.

The Worker concerned is a very experienced and valued member of the Psychiatric Service in the R of I mid Ulster area. Initially in 2017 she was assigned from her basic Nurse positon on a Temporary Clinical Nurse Specialist (CNS) to the Liaison Unit. There followed a series of extensions and new contracts in the Liaison Unit. The entire period was characterised by the most frustrating delays in issuing proper contracts for the roles she was fulfilling and extraordinary delays in receiving proper payments for her enhanced role. Numerous examples were cited. In two internal Grievance Hearings the Employer apologised for the bureaucratic mishaps that had impacted on the Worker.

In late 2024 (30th December) the Worker secured a permanent appointment as a CNS in the Liaison Unit.

Her complaint is that she was doing the CNS role in the Liaison Unit from the 6th March 2022 to the date of her Permanent Appointment. Her role was clearly that of a CNS although extraordinary bureaucratic machinations appeared to have her classified as a basic grade Nurse during this period.

Mr O’Sullivan for the PNA evidenced considerable correspondence from Senior Clinical Staff validating the role of the Worker as a CNS in the Laison Unit during this time.  To any reasonable observer she was a key member of the Liaison Unit throughout this period even if classified in payroll as a basic Nurse.

The Worker had initially accepted these difficulties as on three previous occasions the errors in classifications had been corrected months in arrears and back payments made.

A commitment to park a Stage Three Grievance outcome was made with the Head of HR in mid-2023. This was during the recruitment process for a permanent CNS appointment. Delays followed on the actual confirmation of her appointment due to National Recruitment issues. However, during the period, she was actually in the Liaison Unit acting as a CNS.

The argument from the Employer that during this period the Worker had applied for Flexi Leave and classified herself as a basic grade nurse was largely due to inflexibilities in the IT Application System. As she did not have a permanent CNS position she had to use a basic Nurse categorisation on the System. The reliance of the Employer on this application was completely disingenuous.

Mr O’Sullivan concluded that the Worker had been seriously disadvantaged by the entire extraordinary cumbersome Administrative processes of the Employer. She had been almost taken advantage of, in keeping her in the Liaison Unit, under an administrative  misconception of being a basic Nurse while clearly carrying out a CNS role.

Payment for the period (March 2022 to December 2024) in question was undoubtably due.

The Employer was initially represented by a Senior HR/IR Manager. Oral testimony was given supported by a comprehensive written Submission. The Employer acknowledged that the Worker had suffered many unfortunate “vicissitudes” in terms of proper dating of Contracts and enforced arrears of payments.

However, it was clear that since March 2022 she had been employed as a Staff Nurse, albeit in the Liaison Unit. Her Personnel Record showed this. Her Flexi Leave application, completed by herself personally, clearly noted that her grade was that of a Staff Nurse. There was never any suggestion that Management had requested her to act as a CNS before the date of her permanent appointment to the grade in December 2024.

The Senior HR/IR Manager acknowledged that a review of the entire case was now required, and he was hopefully of an early resolution via the PNA.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The PNA Submission and the Oral Testimony from the Worker were very comprehensive. She presented as a most committed Staff Member in the Psychiatric Services. Her evidence was very persuasive.

It described a situation of Medical Managers and Support Nursing staff facing daily struggles to keep the Psychiatric Service functioning.

It was obvious that the good personnel administration of the Psychiatric Services in the Region was extremely challenging. There was nothing malign in this situation - availability of resources and staff was a constant challenge for Operating Managers.

The Worker had suffered at least two late Employment Contracts and had been paid Arrears of Renumeration on similar occasions.

 From all the evidence given both Oral and Written (especially letters from Senior Medical Staff) it was clear to the Adjudication Officer that the Worker had been a key resource in the Liaison Unit during this period.

For various Administrative and bureaucratic reasons (Central Government embargos on Recruitment etc) her positon was never formalised until her permanent appointment.

It was the view of the Adjudication Officer, having carefully considered the entire situation, that the Worker’s claim should be conceded by the Employer.

The Grade of CNS should apply from 6th March 2022.

A small award as compensation for undue stress imposed on the Worker is also appropriate.

Arrears of Pay, Regrading.