Labour Court grants HSE West worker an acting-up allowance from 2009

The Labour Court varied a Rights Commissioner’s recommendation in an appeal by HSE West, finding that a worker doing work above his grade should receive an appropriate acting-up allowance from 1 January 2009. The decision was dated 11 April 2012. The worker was represented by the Services Industrial Professional Technical Union. The union said HSE West accepted that he had carried out additional duties for years and had not implemented an agreement for a responsibility allowance while job evaluation was pending. HSE West argued that the Public Service Moratorium and Croke Park Agreement precluded the claim. The Court found that the worker was undertaking duties above his grade and said it was unreasonable to expect him to continue without commensurate pay or an allowance. It did not specify an amount for the acting-up allowance.