FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : VIDEUR LIMITED T/A EAGLE HOUSE L.P (REPRESENTED BY BRADY MCGREEVY SOLICITORS) - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal Against Rights Commissioner's Recommendation R-051838-Ir-07/Tb
BACKGROUND:
2. The appeal concerns a worker who fell on a stairs at her employment. It is the Union's claim that the fall was the fault of boxes strewn in the area. The worker took the brunt of the fall on her neck which dazed her. Despite this, the worker continued to work that evening and reported for work again the following day. On her break she attended the hospital and along with medication was given a medical certificate for work. The worker was unfit for work from December 2006 to May 2007 and at all times supplied her employer with medical certs. The Union are seeking sick pay for this period as the loss to the worker was the result of the manager's carelessness. The Company argues that it never pays for sick leave. The matter was referred to the Rights Commissioner for investigation and recommendation. On the 26th November 2007 the Rights Commissioner issued his recommendation as follows:
" I recommend that the respondent pay the claimant €500 in settlement of this matter"
On the 29th November, 2007 the employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9)of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 31st March, 2008.
UNION'S ARGUMENTS:
3. 1 There are health and safety issues with regard to the boxes that were strewn on the floor at the foot of the stairs. Under the health and safety regulation no accident report was compiled. The employer was only made aware of the accident when phoned by the worker several days after the event. The manager had not informed the employer and no investigation in to the incident was carried out.
2 After the fall the worker attempted to work on until the pain became intolerable. The manager was disrespectful to the worker. When she was released from hospital and went to hand in her medical certificate to the manager he through money on the counter and did not enquire as to her condition.
3 The worker lost 12 weeks pay as a result of the carelessness of the manager. Had the boxes been stored properly the worker would not have lost her footing. The Company is responsible for the injuries and loss sustained by the worker. The Company did not follow the Agreement between the Licensed Vintners Association and the Union in regards to the payment of sick pay.
COMPANY'S ARGUMENTS:
4. 1 The Agreement between the Licensed Vintners Association and the Union is not a registered agreement.
2 The employer is not a member of the Licensed Vintners Association and never has been.
3 The Company never paid sick pay. It has paid circa €500 towards medical bills. The Rights Commissioner erred in law in making his Recommendation.
DECISION:
The Court notes that in his recommendation the Rights Commissioner did not apply the full terms of the Agreement between the LVA and the Union on sick pay. Rather, the Rights Commissioner recommended a sum of money in settlement of the Union's claim which he considered to be fair and reasonable in the circumstances. The Union is seeking to have this recommendation upheld.
In all circumstances of the case the Court is satisfied that the recommendation of the Rights Commissioner ought to be upheld. Accordingly the recommendation is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
17th April 2008______________________
DNChairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.