FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE PHOENIX HALL - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. That the claimant was deprived of an entitlement afforded to all employees at St. Marys Hospital on their retirement.
BACKGROUND:
2. The Worker concerned served for over 20 years with the now HSE and was based at St. Mary's Hospital in the Phoenix Park. He retired on health grounds in 2002.
The Worker maintained that on the retirement of any staff member it was custom and practice to receive a function at the expense of the HSE. The Worker was not afforded this honour and contends that it was an infringement of his entitlements. The HSE contends that there is no policy in existence with regard to leaving parties and that any leaving/retirement presentations are done informally.
The Worker referred a claim to the Labour Court on the 21st May, 2008 in accordance with Section 20(1) of the Industrial Relations Act, 1969,and agreed to be bound by the recommendation of the Court. A Labour Court hearing took place on the 3rd July,2008.
UNION'S ARGUMENTS:
3. 1. The Worker contends that in not receiving a HSE funded function on his retirement he was deprived of the same entitlements that had been provided to other former employees on retirement.
MANAGEMENT'S ARGUMENTS:
4. 1.Management stated that a leaving party is not an entitlement and does not form any part of any employee's terms and conditions of employment.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court does not recommend concession of the claim made by the Worker.
Signed on behalf of the Labour Court
Raymond McGee
10th July, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.