Labour Court rejects National Director’s appeal for clinical director allowance

The Labour Court has ruled against a HSE National Director in their appeal of a decision by the Workplace Relations Commission (WRC), which did not recommend awarding them a clinical director allowance.

As previously reported in the Medical Independent, the WRC hearing, which took place earlier this year, involved a dispute between the National Director and the HSE regarding salary differentials and pension entitlements.

Represented by the IMO, the National Director sought payment of a clinical director allowance, approximately €56,000, arguing that their salary was lower than that of other doctors employed by the HSE, including those junior to them.

They also sought to have additional years of service, for time spent working abroad, counted towards their pension entitlements.

The National Director, who has worked with the HSE since 2011, was seeking to have the increase applied with effect from 1 January 2022 or the date of onset of the Covid-19 pandemic.

The HSE had described the request as “a cost-increasing claim” which it stated was precluded under the provisions of Building Momentum.

In the final determination, the adjudication officer pointed out that the National Director’s salary situation, where he earns less than those reporting to him, was not unique.

The adjudication officer acknowledged that some doctors not working as consultants receive the clinical director allowance, but noted that this was either due to taking on extra duties or carrying the allowance from previous roles, making it “legally impermissible” to revoke.

The adjudication officer recommended re-engagement between the parties on the issue of added years of service for pension purposes in respect of time working abroad, pointing out “the lack of meaningful engagement between the parties” to date.

The National Director appealed the adjudication officer’s recommendation to the Labour Court and a hearing took place in August.

The Court stated that the grade and rates of pay of a National Director are established within the organisational structure of the employer.

“He is not occupying a medical consultant role and does not carry out the role of clinical director albeit his role does require him to be clinically competent and qualified,” according to the case transcript.

“In all of the circumstances, the Court can find no basis to recommend concession of the claim.”