Health Service Executive v A Worker (Represented by Mr. Denis Rohan)

• Jurisdiction: Ireland
• Judgment Date: 05 December 2018
• Judgment citation (vLex): [2018] 12 JIEC 0506
• Date: 05 December 2018
• Court: Labour Court (Ireland)
• Docket Number: DECISION NO.LCR21845,ADJ-00007468 CA-00009787-001,FULL RECOMMENDATION

Labour Court

FULL RECOMMENDATION

CD/18/277

DECISION NO.LCR21845

ADJ-00007468 CA-00009787-001

PARTIES:

Health Service Executive

and

A Worker (Represented by Mr. Denis Rohan)

DIVISION:

Chairman: Mr Geraghty

Employer Member: Mr Marie

Worker Member: Ms Treacy

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal Of Adjudication Officer Recommendation No(S): ADJ-00007468 CA-00009787-001

BACKGROUND:

2 2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 30 August 2018 the Adjudication Officer issued the following Recommendation:-

“…I find that the Complainant's complaint to be well founded insofar as the agreement made between the Complainant and the Respondent in July 2013 should be honoured and given effect to….For the above reasons I find this complaint to be well founded and to compensate the Complainant for the loss of incremental credit that she has incurred since July 2013, I recommend that she be compensated by the Respondent the sum of Euro 39,000.000”

3 The Employer appealed the Recommendation of the Adjudication Officer to the Labour Court on 18 September 2018. A Labour Court Hearing took place on 30 November 2018.

DECISION:

Background

4 In July 2005 the Worker was appointed to the position of Acting ICT project manager, (Grade VIII). She was appointed permanently to that level in July 2013. The Worker sought to be given incremental credit to reflect the years that she spent ‘acting’ in the higher grade. The Employer was not agreeable to this, citing the terms of the Haddington Road Agreement, which provided for regularisation on a cost neutral basis. The matter was referred for adjudication by the WRC.

5 The Adjudication Officer found that the letter given to the Worker to regularise her appointment to the higher grade in July 2013 amounted to an agreement that was unfettered by any express language as implied by the Employer and, therefore, the complaint was held to be well founded and, to compensate for the lack of incremental credit, the Adjudicator recommended compensation of €39,000 to be paid to the Worker.

6 This Recommendation was appealed by the Employer.

7 Employer arguments

•

1. The Adjudication Officer was incorrect in stating that there was inconsistency in the regularisation of ‘acting’ posts. These posts were regularised in accordance with the terms of the Haddington Road Agreement, which contained a commitment to regularise these posts no later than 1...