FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIMERICK CORPORATION - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Legal costs and Superannuation entitlements.
BACKGROUND:
2. The Union's claim is on behalf of one of its members employed as a Firefighter by the Corporation for the correct application of the superannuation scheme and the repayment of legal costs incurred in an effort to return to work following a work related injury. The Corporation rejects the Union's claim.
The issue was referred to the Labour Court on the 13th of August, 2001, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 31st of October, 2001.
UNION'S ARGUMENTS:
Application of Superannuation Scheme
3. 1. The terms of the Superannuation Scheme are being applied incorrectly. As a result, the worker concerned is at a disadvantage when calculating Pensionable Service.
Repayment of legal costs
2. The Corporation made it difficult for the worker concerned to return to work following his period of sick leave. He incurred unnecessary legal costs in his endeavour to return to work. The Corporation should now reimburse him.
CORPORATION'S ARGUMENTS:
Application of Superannuation Scheme
4. 1. The Superannuation Scheme as applied by the Corporation is the same as applied by all Local Authorities.
Repayment of legal costs
2. It was the worker's own decision to engage a solicitor to act on his behalf. Therefore, there should be no obligation on the Corporation to pay legal costs incurred by the worker concerned.
RECOMMENDATION:
Claim 1 -Application of Superannuation Scheme
The Court is satisfied that the claimant is being treated in an identical manner to all other Firefighters for superannuation purposes.
In these circumstances, the Court does not recommend concession of the claim.
Claim 2 -Repayment of Legal Costs
The Court can see no basis on which it could recommend concession of this claim.
Signed on behalf of the Labour Court
Kevin Duffy
20th November, 2001______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.