FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TURMAC TEORANTA LTD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Seeking reduced working week on medical advice.
BACKGROUND:
2. The worker concerned has been employed by the Company since June, 1980.During the 1990's the worker suffered health problems which resulted in considerable time off. The Company accommodated the worker's health condition by implementing a 2-day week.The worker availed of this for a short period of time. In 2000 an agreement was reached whereby the Company paid the worker his wages for a 12-month period as a gesture of goodwill.
In 2002 the worker was certified fit for light duties. The Company had difficulty in finding a suitable position but did offer the worker a position which was refused.
The issue was referred to the Labour Court on the 4th February, 2004, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th of May, 2004.
The worker agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The Union state that the worker was never offered a 2-day week.
2. The issue of providing light duties for the worker was never explored in any meaningful way.
3.The Company could do more to assist the worker in returning to work in a limited capacity.
COMPANY'S ARGUMENTS:
4. 1. The worker was offered a 2-day week in 2000. The offer was refused.
2. The worker did return to light work for a short period but only managed it for two weeks.
3.The Company has treated the worker fairly, by paying his wages for a 12-month period and accommodating his working hours.
RECOMMENDATION:
The Court having considered the written and oral submissions made by the parties and the subsequent correspondence is satisfied that the claimant's employment was terminated as per his P45.
The Court therefore cannot support the Union's case for his return to work and compensation.
Signed on behalf of the Labour Court
Finbarr Flood
28th May, 2004______________________
MG./MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.