Labour Court Database __________________________________________________________________________________ File Number: CD87169 Case Number: LCR11089 Section / Act: S67 Parties: POPE JOHN PAUL 11 CENTRE - and - LGPSU |
Claim, on behalf of a worker, for re-instatement and restoration of lost salary.
Recommendation:
Further to the hearing of the above dispute in Galway on Wednesday
25th March, 1987, the Labour Court makes the following
recommendations which it urges both parties to accept, so as to
enable a return to work of the employees presently involved in
industrial action and a return to the normal operation of the
home.
The Court had to consider conflicting evidence as to what took
place on 12th December (date of reported incident). Following a
lengthy examination of the written submissions, and of the parties
involved in the dispute, the Court, despite the conflicting
evidence, has come to the conclusion that on balance the dismissal
was not warranted. The Court accordingly recommends
re-instatement of the appellant to her former position from the
date of this letter, with appropriate alteration to the expiry
date of her probation.
The Court further recommends that items b, c & d of the Union's
proposals for return to work be implemented.
The Court has given careful consideration to the Union claim for
full monetary compensation to all the parties involved in the
industrial action and finds that in view of the conflicting
evidence referred to above it would not be justified in
recommending the compensation sought for the appellant and for
those who took the industrial action.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD87169 THE LABOUR COURT LCR11089
CC87305 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11089
Parties: POPE JOHN PAUL II CENTRE
and
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
Subject:
Claim, on behalf of a worker, for re-instatement and restoration
of lost salary.
Background:
With reference to the Court's investigation into the matter, on
25th March, 1987, the following is the Court's recommendation.
Recommendation:
Further to the hearing of the above dispute in Galway on Wednesday
25th March, 1987, the Labour Court makes the following
recommendations which it urges both parties to accept, so as to
enable a return to work of the employees presently involved in
industrial action and a return to the normal operation of the
home.
The Court had to consider conflicting evidence as to what took
place on 12th December (date of reported incident). Following a
lengthy examination of the written submissions, and of the parties
involved in the dispute, the Court, despite the conflicting
evidence, has come to the conclusion that on balance the dismissal
was not warranted. The Court accordingly recommends
re-instatement of the appellant to her former position from the
date of this letter, with appropriate alteration to the expiry
date of her probation.
The Court further recommends that items b, c & d of the Union's
proposals for return to work be implemented.
The Court has given careful consideration to the Union claim for
full monetary compensation to all the parties involved in the
industrial action and finds that in view of the conflicting
evidence referred to above it would not be justified in
recommending the compensation sought for the appellant and for
those who took the industrial action.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________________
Deputy Chairman
26th March, 1987
B. O'N./J.C.