The Labour Court disallowed HSE South’s appeal and affirmed the recommendation to regrade Marie Cummins to Grade IV, changing the effective date to 27 March 2013. The Court’s decision was signed on that date.
Cummins placed sixth in a confined competition for Grade IV medical secretary posts. Although she was told only three positions would be filled, the five workers ranked ahead of her were later promoted. When another post arose, a Grade V worker who had not interviewed was appointed. The Irish Municipal Public and Civil Trade Union argued that the vacancy should first have been offered to Cummins, who was doing the same work as colleagues on a lower rate of pay.
HSE South argued the claim was barred as cost-increasing, conflicted with the job evaluation scheme and was affected by a government moratorium on upgrade requests. The Court found Cummins had been paid at the incorrect grade and performed duties identical in all material respects to three Grade IV colleagues while she was Grade III. It described her circumstances as exceptional and said there was no reason to perpetuate the grading error.