FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CURRAGH TINTAWN CARPETS (REPRESENTED BY IRISH BUSINESS & EMPLOYERS CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of a Recommendation of a Rights Commissioner R-051932-IR-07/JC.
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its member that the Company's Medical Benefits should continue to apply to him after his retirement.
The issue was referred to a Rights Commissioner for investigation and recommendation. Her recommendation issued on the 23rd January, 2008. She found that the Worker had no automatic right to continued access to the Medical Advisor Scheme after the age of 66 and recommended against his claim. She did however, recommend that"the parties enter into negotiations to endeavour to agree fair and transparent criteria for access to the Medical Advisors Scheme after retirement, which if agreed would apply to the claimant in this case."
The Union appealed the recommendation to the Court on the grounds that the Company refused to engage with the Union, on the 6th March, 2008, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th June, 2008.
DECISION:
The matters discussed at the Court hearing were ones which arose in the implementation of the Rights Commissioner's Recommendation, which appears to initially have been accepted by both sides. The Court can only endorse the Recommendation of the Rights Commissioner, but urges the parties to renew their discussions with a view to the full implementation of the Recommendation.
Signed on behalf of the Labour Court
Raymond McGee
17th June, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.