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Labour Court upholds HSE salary scale decision in Atiqa Rafiq’s appeal

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found Atiqa Rafiq’s complaint against the HSE North East Area was not well founded, upholding the dismissal of her appeal over her consultant salary scale. The determination was signed on 6 September 2018.

Rafiq argued that her public service history entitled her to the pre-2011 salary scale when she won a permanent consultant post in 2016. She had previously worked as a temporary consultant, resigned in 2011 to complete specialist training, and later worked as a registrar.

The Court found her public service was continuous, but her immediately preceding registrar post was not analogous to her consultant role. It said the circular required both existing public service status and an immediately preceding analogous post. The pre-2011 scale was therefore not payable to her, and the Court found the Payment of Wages Act was not breached.

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