Health Service Executive v Theresa Smith (Represented by INMO)

• Jurisdiction: Ireland
• Judgment Date: 08 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 0801
• Date: 08 January 2018
• Court: Labour Court (Ireland)
• Docket Number: FULL RECOMMENDATION,ADJ-00006841 CA-00003656-001,DECISION NO. LCR21643

Labour Court (Ireland)

FULL RECOMMENDATION

CD/17/329

DECISION NO. LCR21643

ADJ-00006841 CA-00003656-001

PARTIES:

Health Service Executive

and

Theresa Smith (Represented by INMO)

DIVISION:

Chairman: Mr Hayes

Employer Member: Ms Connolly

Worker Member: Ms Tanham

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision No: ADJ-00006841 Complaint Reference No. CA00005356-001.

BACKGROUND:

2 2. This case concerns a claim of a worker who was appointed to the senior nurse pay scale from 1 October 2013. The worker is seeking retrospective payment from 2008.

3 The matter was referred to an Adjudication Officer for investigation and decision. The Adjudication Officer issued his decision which was subsequently appealed by the Union on behalf of the worker to the Labour Court.

4 A Labour Court hearing took place on 30 November 2017. The following is the Decision of the Court:

WORKER'S ARGUMENTS:

5 3. 1. The Employer is improperly applying the provisions of the moratorium to the claimant when she was eligible for a senior staff nurse position prior to the moratorium.

6 2. The Employer made no effort at any time to inform the claimant that she may have been eligible to apply for a senior staff nurse position.

7 3. The Union says that this particular worker was not notified of the relevant HSE circular as there was no notice board in the place of employment.

EMPLOYER'S ARGUMENTS:

8 4. 1. The claim for retrospection appointment as a senior staff nurse cannot be conceded as the claimant did not make application for the position until 2014.

9 2. The circular was properly applied and the claimant was appointed from July 2013 in line with the circular.

10 3. Staff are notified of relevant circular circulars through the well established notification systems in place in the HSE. It is a matter for each staff member to make arrangements to keep themselves updated on developments relating to their profession..

DECISION:

11 Having given careful consideration to the extensive oral and written submissions of both parties to this dispute the Court finds no merit in the Union's claim and affirms the Recommendation of the Rights Commissioner.

12 The Court so decides.

Signed on behalf of the Labour Court

Brendan Hayes

8 January 2018______________________

CC Deputy Chairman