FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CREGG HOUSE SERVICES (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH NURSES & MIDWIVES ORGANISATION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation r-078197-ir-09/EOS.
BACKGROUND:
2. This dispute concerns the Worker's claim that the Employer's decision to transfer him to Day Services resulted in a significant loss of income. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 16th June, 2010 the Rights Commissioner issued the following Recommendation:-
- “I consider that the Employer acted reasonably in attempting to mitigate the Claimant's losses and as the loss was not of a permanent nature, I find against the claim for compensation for loss of earnings”.
- “I consider that the Employer acted reasonably in attempting to mitigate the Claimant's losses and as the loss was not of a permanent nature, I find against the claim for compensation for loss of earnings”.
3. 1.The Worker was not the only staff member with the relevant experience to work in Day Services.
2.TheEmployer made no attempt to seek expressions of interest from other staff who might be seeking a move to Day Services.
3.Because the Worker was unfairly selected to work in Day Services and should be compensated for the loss of income he incurred.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker was not unfairly selected by the Employer.
2. TheEmployer is entitled to deploy its staff as it sees fit in order to meet the changing needs of the institution.
3. Concession of this claim would inevitably lead to similar claims from other staff.
DECISION:
The Court has carefully considered the submissions of both parties in this case. On the basis of the evidence presented to it in the course of the hearing the Court upholds the Rights Commissioner's Recommendation and rejects the appeal.
Signed on behalf of the Labour Court
Brendan Hayes
21st June, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.