Labour Court upholds recommendation against nurse’s dual-qualified pay claim

The Labour Court disallowed a union appeal and upheld a Rights Commissioner’s recommendation against a nurse’s claim for retrospective payment on the dual-qualified scale. The Court dated its decision 23 May 2005. The nurse, represented by I.N.O., had qualified as a general nurse in 1990 and a sick children’s nurse in 1993. The union argued that her qualifications made her eligible for the scale, while the Health Service Executive Northern Area said she was appointed after 1 July 1998 and did not qualify. The Rights Commissioner found she was not in training on 1 October 1996 and was appointed after that date. The Labour Court said it was inappropriate to give a definitive interpretation of the agreement in an individual appeal without hearing other unions that had signed it.