Brian O'Shea
Question:696 Mr. O'Shea asked the Minister for Health and Children if the recommendations of the Rights Commissioner (details supplied) have been accepted by his Department; and if he will make a statement on the matter. [1589/03]
Written Answers. - Nursing Staff.
The Nursing Alliance sought third party adjudication on the appropriate retrospection applicable to nurses in respect of a decision by the Department of the Environment and Local Government that acting up allowances should be included for the purpose of calculating premium pay. A Rights Commissioner hearing took place on 9 March 2002.
The Rights Commissioner issued the following recommendation: nurses who acted in higher posts and to whom premium payments applied, should apply to their health board for payment; for each minimum period of one continuous month acting in a higher post they should be paid pro rata to the value of one year; the value of one year is recommended as €600; and the maximum payment available to any individual is the equivalent of five years, €3,000.
It was decided that the proposal outlined above in respect of salary arrears to nurses currently in employment, should also apply to salary arrears due to pensioners. Pensioners who acted in a higher post in the three years prior to retirement should have their lump sum and pension reviewed to reflect this fact and any adjustment should be in accordance with normal superannuation arrangements.
The unions have appealed this recommendation to the Labour Court. The issue under appeal refers to the duration of the acting period. The Rights Commissioner's recommendation stated that for each minimum period of one continuous month acting in a higher post a nurse should be paidpro rata to the value of one year. It is the union's contention that this should be for periods of acting of one week or more. The Labour Court hearing took place on 17 January 2003 and the outcome is awaited.
Brian O'Shea
Question:697 Mr. O'Shea asked the Minister for Health and Children if the recommendations of the Rights Commissioner (details supplied), if implemented for nurses, will also apply to health officers; and if he will make a statement on the matter. [1590/03]
I understand that the recommendation of the Rights Commissioner referred to by the Deputy applied solely in respect of nursing grades.