FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : OMEGA TEKNIKA LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY AMICUS) DIVISION : Chairman: Mr McGee Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR18427/04/GF.
BACKGROUND:
2. The worker concerned was employed by the Company as a general operative in June 1994. In August 2003, two days prior to commencing annual leave the worker suffered an injury to her foot. She received medical assistance for her injury and returned to work at the end of the annual leave period.
In December 2003 the worker submitted a Social Welfare form for disability/injury benefits to the Company for signature. The application covered the two week holiday period. The Company was not in a position to pay sick pay under the rules governing the internal sick pay scheme. The worker had already received pay for the two week holiday period but the Company was prepared to allow the worker 10 working days leave at her own expense provide that a Doctor's certificate was produced. The Company wrote a memo to the worker to this end and asked her to sign it. She failed to do so and the Social Welfare time limit expired.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 19th July 2004, as follows:
" I have given the submissions careful consideration and I must come to the conclusion that the Company's interpretation of the situation is the correct one. I recommend the claimant should arrange to take her holiday's in lieu with the Company's suggestion."
The Union, on behalf of the worker, concerned appealed the recommendation to the Labour Court on the 3rd August 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th November, 2004.
UNION'S ARGUMENTS:
3. 1.The Union claim that the worker did not realise that a sick certificate should have been submitted within three days despite the fact that she was on holiday.
2. The worker should receive two weeks holiday pay as she was unable to avail of her holidays at the designated time.
COMPANY'S ARGUMENTS:
4. 1.The worker is not entitled to holiday pay for the period in question as she already received holiday pay.
2. The worker is not entitled to sick pay under the internal Company sick pay scheme because of the unacceptable delay in submitting a cert to the Company.
DECISION:
Having considered the submissions of the parties, the Court is of the view that the Rights Commissioner's recommendation was the correct interpretation of the matter and decides, accordingly, to uphold it.
Signed on behalf of the Labour Court
Raymond McGee
18th November, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.