FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BAXTER HEALTHCARE S.A. (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR 991/00/GF
BACKGROUND:
2. The Company is a manufacturer of healthcare products with operations throughout the world. It employs approximately 920 workers in Castlebar and 130 workers in Swinford. The Company has permanent service-related benefits, including pay and pension. The worker concerned, who is employed in Swinford, is claiming for permanency for the period 2nd of April, 1986 to November, 1988. (The worker was on maternity leave from July to November 1988). The Company claims that the worker joined the Company in January, 1983 and became a permanent employee on the 1st of October, 1990. (The Union supplied a list of the worker's contracts prior to October, 1990.) In 1996, the worker submitted a claim for recognition of service. The Company offered to recognize her permanent service retrospective to the 29th of November, 1988, with an associated payment of £3,030. The Union has disputed this, claiming that the period from April, 1986 to November, 1988, should have been included.
The dispute was referred to a Rights Commissioner and his Recommendation was as follows:
"I am satisfied that the Company's response to this issue is a sensible one and I am recommending the Company's offer of £3,030 identifying 29th of November, 1988, be accepted by the claimant."
The Union appealed the recommendation to the Labour Court on the22nd January, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 9th of May, 2001, in Galway, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The worker worked from April, 1986, to October, 1990, when the Company eventually recognised her employment as permanent. Although the Company assigned the 1st of October as the worker's permanent start date, she had been employed for 53 months continuously prior to this date.
2. The Company's contention that the worker's absense from July to October, 1988 effectively broke her service is not valid as she was on maternity and annual leave. She consulted with the Company's nurse and complied with all procedures.
COMPANY'S ARGUMENTS:
4. 1. The Company has used temporary contracts for several years with the full co-operation of the Union. There were 4 other employees in a similar situation to the worker. An offer was made on a once-off and accepted by them. Further concession of the worker's claim would have serious financial implications for the Company. It would also call into question the right of the employer to offer employees temporary contracts.
2. The worker was on a temporary contract from January to July, 1988. Her maternity leave began on the 20th of June, 1988. Her contract, along with the other 4 workers, was terminated as the Swinford plant was up for sale at the time. She was given her P45. There was no committment given to any of the 5 workers about re-hiring.
DECISION:
Having considered all aspects of this case, and given the evidence submitted at the hearing, the Court is of the view that the worker's employment terminated in July, 1988, due to circumstances pertaining in the Company at the time, whereby there was a need for fewer employees.
Therefore, the Court upholds the Rights Commissioner's recommendation and dismisses the appeal
Signed on behalf of the Labour Court
Caroline Jenkinson
28th May, 2001______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.