Labour Court overturns €1,000 recommendation for HSE West worker’s upgrade

The Labour Court allowed HSE West’s appeal and set aside the Rights Commissioner’s recommendation that a worker be upgraded to Grade VII and receive €1,000 compensation. The decision was dated 23 February 2012. The worker argued that a responsibility allowance entitled her to the upgrade. HSE West said she did not meet the criteria in the applicable agreements and that the allowance had not been reactivated. The Court found that an internal appeals committee had rejected the upgrade claim and lacked authority to make a formal recommendation on the allowance. It treated the committee’s suggestion that repayment be considered as an ad hoc suggestion, rather than a third-party recommendation. The Court expressed sympathy for the worker and said her employer’s handling of the matter left much to be desired, but concluded the Rights Commissioner’s recommendation could not stand, having regard to the Public Service Agreement 2010–2014.