FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Appeal of Recommendation of a Rights Commissioner r-071517-ir-08/EOS.
BACKGROUND:
2. The Worker claims that she was treated less favourable than her comparators within the HSE regarding the level of sponsorship and time off granted to her while she completed a "Learning Contract" up-skilling course. The Employer rejects her claim saying that she was treated in the same manner as other HSE Employees that have taken similar courses since 2003.
The issue involves a claim by the Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 30th June 2009, the Rights Commissioner issued her Recommendation as follows:
"On the basis of the unique circumstances pertaining to the backdrop to this dispute,I recommend that the employer recoup the claimant 41 days leave in full and final settlement of this dispute."
On the 27th July, 2009 the Employer appealed the Rights Commissioners 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 5th October, 2010.
EMPLOYERS'S ARGUMENTS:
3. 1. The Worker signed a Learning Contract with the HSE West prior to her undertaking the course. This specifically stated the conditions attaching to the undertaking of the course. Hundreds of other Employees had the same conditions applied to their "Learning Contract" since 2003.
2. The conditions attaching to this course are outlined in Dept of Health circular S146/72 and the cost of which must be within budget. If the award is upheld the knock-on implications could lead to numerous similar claims.
UNION'S ARGUMENTS:
4. 1. The decision not to treat the Worker in line with her colleagues was a local one and is not governed by any national position.Management could exercise discretion despite the provisions within the "Learning Contract".
2. The course taken was applicable to her role and the HSE West have benefited as a result of her expertise.
DECISION:
Having considered the submissions of both parties in this case the Court rejects the appeal and upholds the Rights Commissioner’s Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
21st Ocbober, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.