FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PRAXIS CARE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation r-079801-ir-09/JW.
BACKGROUND:
2. This dispute concerns the Worker's claim that she was offered the position of Team Leader on terms and conditions which are both inferior to those of other Team Leaders and also unfair relative to her current terms and conditions of employment. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 25th January, 2010 the Rights Commissioner issued the following Recommendation:-
- “It appears that both sides agree that the claimant is ideally suited to fill the role of a team leader. While the employer has the right to determine the terms and conditions for this job under the terms of employment law legislation, the claimant also has the right to accept or reject the terms being offered.
I recommend in the particular circumstances that the employer should offer to the claimant the Sick Pay Scheme and the Maternity Pay Scheme as part of her Terms and Conditions without precedent in relation to future appointments”.
- “It appears that both sides agree that the claimant is ideally suited to fill the role of a team leader. While the employer has the right to determine the terms and conditions for this job under the terms of employment law legislation, the claimant also has the right to accept or reject the terms being offered.
UNION'S ARGUMENTS:
4. 1. Rates of pay in this Company have traditionally been aligned to those in the HSE.
2. The Company has unilaterally altered the pay and terms and conditions of staff.
3. The Company must treat the Worker in the same manner as other Team Leaders.
DECISION:
The Court notes with regret that the employer in this case decided not to attend the appeal hearing.
On the basis of the submissions received the Court recommends as follows:
The Rights Commissioner's Recommendation in respect of the Sick Pay Scheme and the Maternity Pay Scheme is upheld.
In addition the Court Recommends that the worker be assimilated to the Team Leader - Staff Nurse Pay Scale in accordance with normal practice in this sector. This would place her on point 4 of the relevant scale, currently €36,666 per annum.
The Court further Recommends that the worker retain the normal Saturday and Sunday allowances that apply in the sector, currently double time for all hours worked on Sunday and an allowance of €14.00 in respect of rostered Saturday shifts.
The worker should be confirmed in the post on these terms with immediate effect.
The Court so Recommends.
Signed on behalf of the Labour Court
Brendan Hayes
21st July 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.