Labour Court sets 28 April 2012 start date for HSE South worker’s upgraded pay

The Labour Court decided that an unnamed HSE South worker should receive the rate for her upgraded post from 28 April 2012. The decision was signed on 28 October 2014 after the worker appealed a Rights Commissioner’s recommendation. She said colleagues in the same multi-task attendant role received a higher rate after completing a FETAC Level 5 course, and argued that the rate should have applied from 2007. HSE South said her upgrade followed a management review and that retrospective pay was precluded under the Public Services Agreement. The Court said her claim could be fixed only from April 2012, when she formally applied. Her application was approved and implemented from May 2012, but the Court set the rate for her upgraded post from 28 April 2012.