Labour Court rejects worker’s HSE West pay-scale appeal

The Labour Court did not uphold a worker’s appeal over HSE West’s calculation of his Grade VII pay scale, leaving the Rights Commissioner’s recommendation in place. Dated 22 July 2011, the decision says the Court found the claim was precluded from processing under clause 1.27 of the Public Service Agreement 2010–2014. The worker argued he had been placed at the wrong point under a 2006 agreement on long-term acting up, delaying his long-service increments. HSE West said it had applied the agreement correctly and that he continued to receive incremental credit in his substantive post and an acting-up allowance. The Court found that Circular 10/71 applied, while a 1996 Department of Health circular did not.