Labour Court finds HSE South breached grading agreement but cannot consider union claim

The Labour Court found that HSE South breached a 2004 agreement by assigning acting-up duties to a colleague who, like the claimant, was Grade VI. But it said it was precluded from dealing with the Services Industrial Professional Technical Union’s claim for a Grade VII acting allowance and restored seniority because the claim was made after the Public Service Agreement was ratified. The recommendation was signed on 31 October 2012. The union said the appointment eroded its member’s seniority and sought a Grade VII acting allowance and an upgrade. HSE South maintained that the agreement had been applied and that the claim was precluded under the Public Service Agreement. The Court found the assignment breached the agreement, but did not recommend the requested relief.