Case Number: ADJ-00004370. Workplace Relations Commission

• Court: Workplace Relations Commission
• Docket Number: ADJ-00004370
• Date: 01 June 2017
• Parties: A Nurse v A Charity

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004370

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00006051-001	20/07/2016

Date of Adjudication Hearing: 02/05/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Location of Hearing: The Radisson Blu Hotel, Limerick

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The Complainant is seeking retrospection of incremental credit on her pay scale to meet her nursing qualifications.

Summary of Complainant’s Case:

The Complainant is a Registered Nurse who qualified in October 2011 and worked continuously as a nurse in Ireland for approximately 2.5 years up to July 2014. In July 2014 the Complainant commenced employment with the Respondent and should have been placed on the 3^rd point of the incremental scale however was only placed on the second point.

That the employer comply with the national agreement on the application of incremental credit for nurses and appropriately apply same retrospectively to July 2014. The loss of incremental credit has impacted on both the hourly rate of pay and the premia earnings since July 2014 for the Complainant. The loss of same must also be rectified retrospectively.

The employer pay compensation to the Complainant for refusing to correct the error in the application of incremental credit and forcing a 3^rd party hearing.

A copy of the national agreement which sets out the correct application of incremental credit to nurses was provided by the Complainant’s Representative. This agreement followed from a Labour Court Recommendation in June 1999. The agreement came into effect on 1^st January 1999 to address non-application by some employers of incremental credit for temporary nurses, it also confirmed 18 years ago that full incremental credit may be granted in respect of all previous genuine nursing experience in Ireland and abroad.

At the reconvened Hearing a copy of Circular 2/2011 was submitted to support the claim and specifically relying on Section 11 which states” Incremental credit may continue to apply for recognised service e.g. abroad. Similarly those who leave the system will be able to reckon previous service on re-entry”.

In making their applications for work with the Respondent the Complainant provided full details on the employer application forms. On issuing contracts to the Complainant the employer did not take note of all of the relevant nursing experience disclosed by the Complainant and erroneously placed the Complainant on the incorrect increment i.e. the second incremental point €29,497 instead of the third point...