FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH EASTERN HEALTH BOARD - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Expenses.
BACKGROUND:
2. The worker has been employed as a home help by the South Eastern Health Board
since 1972. Since 1994, the worker has served a number of claims under various
employment statutes to the Rights Commissioner Service, Employment Appeals
Tribunal and the Labour Court. The worker is seeking a refund of expenses/costs
incurred in respect of her attendance at these fora in pursuit of the claims. The worker
submitted the dispute to the Labour Court on 12th March 2001 in accordance with
Section 20(1) of the Industrial Relations Act , 1969. A Labour Court hearing took place
on 1st May 2001.
WORKERS ARGUMENTS:
3. 1. If the worker engaged legal representation they would have had to be paid.
2. Expenses incurred amounted to £24,600. 3. It is usual practice for the expenses of the party who wins a case to have their expenses paid.
COMPANY'S ARGUMENTS:
4. 1. The Board does not accept that it has any liability in respect of expenses/costs incurred by the worker.
2. The Board has implemented the provisions of the recommendations/determinations which issued in response to the workers claim.
3. The Board contends that its obligations extend to the implementation of the relevant recommendations/determinations but does not include a liability to refund any expenses or costs incurred by the worker or any other employee pursuing a claim through the statutory industrial relations machinery or the Employment Appeals Tribunal.
RECOMMENDATION:
In this case the worker is seeking payments of costs and expenses which she claims to have incurred in bringing previous claims before the Court, the Rights Commissioners and the Employment Appeals Tribunal.
The Court is not aware of any precedent for such a claim being conceded and does not recommend its concession in this case.
Signed on behalf of the Labour Court
Kevin Duffy
11th May, 2001______________________
HMCD/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.