FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIMERICK CITY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation IR-34600/05/MR.
BACKGROUND:
2. The worker concerned works in the Fire Station in the Council. In 2003 he referred a case to the Equality Tribunal. He subsequently appealed the Equality Officer's Decision to the Labour Court and was successful in that appeal.
The Worker referred a claim to the Rights Commissioner Service for investigation and recommendation in relation to various issues which the Labour Court had not dealt with and which remained unresolved. The Rights Commissioner's Recommendation issued on the 20th September, 2006, as follows:-
"Accordingly I recommend that Limerick City Council should now agree, on a once-off and without precedent basis, to pay the Worker an ex gratia lump sum of
€1,000 as a gesture of goodwill.
For their part, the Worker and SIPTU should accept this payment in full and final settlement of all matters in dispute between the parties."
The Worker was named in the Rights Commissioner's Recommendation.
The Worker appealed the Recommendation to the Labour Court on the 4th October, 2006, in accordance with Section 13(9) of the Industrial Relations Act, 1969,on the basis that the Rights Commissioner's Recommendation did not adequately address the issues in dispute. A Labour Court hearing took place on the 28th November, 2007, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1.The Union are requesting the Labour Court to determine that Limerick City Council should conduct a thorough and impartial investigation into the issues raised by the Worker at the Rights Commissioner hearing.
2. The Union are also seeking the Labour Court to determine that the Worker's legal expenses be reimbursed by Limerick City Council.
COMPANY'S ARGUMENTS:
4. 1. The Worker processed his grievance in 2003 and 2004 through the Equality Tribunal and the Labour Court. The Council cooperated fully throughout the process. The Council contend that it has at all times acted fairly towards the Worker but it accepted and implemented the determination of the Labour Court.
2. The Council submits that the matters which the Worker is seeking to raise have already been investigated by the Equality Tribunal and the Labour Court.
3. The Worker opted to be legally represented throughout the process in 2003/2004. The Council does not in its Industrial Relations process with its employees fund legal expenses which the employee may incur, nor does the process allow for legal costs to be awarded against a party which is effectively what the Worker is seeking.
DECISION:
The case before the Court concerns the worker’s appeal of a Right Commissioner Recommendation, which found in favour of his contention that Limerick City Council had contributed to the difficulties he experienced when he sought promotion to the post of Station Officer in 2000 and in subsequent events. The promotion was the subject of a Labour Court Determination under the Employment Equality Act, 1998. The appellant was successful in that case; he was awarded the appropriate pay and was subsequently appointed to the position sought. The Rights Commissioner did not recommend in favour of this claim for an investigation of the issues he raised subsequent to the Labour Court Determination, not to his request for an apology and payment of legal costs.
Having considered the submission of both parties the Court concurs with the findings of the Right’s Commissioner and upholds his recommendation. Accordingly, the worker’s appeal is rejected. The Court concurs with the Right’s Commissioner that this matter should now be brought to a conclusion, therefore the Court upholds the recommendation that the City Council should pay €1,000 as a gesture of goodwill in full and final settlement of this matter.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th December, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.