FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BALLYFERMOT COMMUNITY NETWORK GROUP LIMITED - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation r-082674-ir-09/EH.
BACKGROUND:
2. The Worker was employed on a Community Employment Scheme with Ballyfermot Community Network Group Limited from 6th March 2006 to 27th February 2009, when he claims that his employment was wrongly terminated. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 15th February, 2010 the Rights Commissioner issued the following Recommendation:-
- “I recommend that the claim fails”.
- “I recommend that the claim fails”.
3. 1.Thepurpose of Community Employment is to help people who are long-term unemployed to re-enter the labour force.
2. It is the Company's experience that long term Community Employment participants do not re-enter the labour force as doing so would impinge on their secondary social welfare benefits.
3.This was the background to the Company's decision that three years would be the maximum amount of time any Community Employment participant will spend with the Company.
UNION'S ARGUMENTS:
4. 1. The Worker was dedicated and hard-working and had a reasonable expectation of being granted a fourth year Community Employment with the Company.
2. This fourth year would have allowed the Worker access training which would have helped him re-enter the labour force.
3. The Worker has been unable to find alternative employment and should be compensated for loss of earnings.
DECISION:
This is an appeal by the Worker of a Rights Commissioner’s Recommendation which found against his claim for re-instatment on the Community Employment Scheme and compensation for loss of earnings.
Having considered all aspects of the appeal the Court accepts that the Board of Management has a right to restrict availability on their project to three years for participants on Community Employment Schemes, on the basis that where an extension is authorised by FÁS, such participants transfer to another project, with assistance from the Network Group.
As the Claimant had completed three years on the Scheme at the Network Group, the Court accepts that there was no further obligation on it to extend his contract. Accordingly, the Court concurs with the findings of the Rights Commissioner where he held that the employer was within its rights to exercise its discretion not to extend the Claimant’s term of employment on the Scheme.
Therefore, the Court rejects the Worker’s appeal and upholds the Rights Commissioner's Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd July, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.