FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH BLOOD TRANSFUSION SERVICE (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR5206/01/FL.
BACKGROUND:
2. The worker concerned commenced employment with the Board in October, 1969, as a Clerical Officer Grade 3. In 1989, she was promoted to Clinic Planning Officer Grade 5. She claims that since February, 1999, her position has been eroded and she has been isolated by Management. The Board rejects the claim stating that even though necessary changes have taken place within the organisation, the worker concerned has the same level of responsibility as she previously had.
The issue was referred to a Rights Commissioner for investigation. He concluded that the worker's claim was credible and recommended that both parties agree a settlement. The Rights Commissioner's recommendation issued on the 18th of January, 2002.
The Board appealed the recommendation to the Labour Court on the 25th of February, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 2nd of May, 2002, the earliest date suitable to the parties.
BOARD'S ARGUMENTS:
3. 1. The changes within the Organisation affected all staff. The worker concerned was not discriminated against.
2. The worker concerned has an extremely important role to play in the future development of the Organisation with the same level of responsibility as in her previous role.
3. The Board cannot afford to offer the worker the same settlement as that given to two previous employees.
UNION'S ARGUMENTS:
4. 1. The worker concerned has given long and loyal service to the Board for the past thirty two years.
2. Her position has been gradually eroded as more and more responsibility has been taken away from her and she is no longer included in meetings and events.
3. The worker concerned now wishes to avail of early retirement under similar terms offered to previous employees.
DECISION:
It is clear that the working relationship between the parties is less than satisfactory, resulting in the claimant wishing to avail of voluntary redundancy.
However, the management argue that a suitable post exists to satisfy the claimant and that no redundancy exists.
The Court, having considered the submissions made, decides that the parties meet to try to formulate a satisfactory role for the claimant. Alternatively, if they fail to do so, the offer made in relation to a voluntary package should be amended by increasing the lump sum on offer to €35, 000.
The Rights Commissioner's recommendation should be amended accordingly.
Signed on behalf of the Labour Court
Finbarr Flood
14th May, 2002______________________
GB/MBChairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.