AD1185

FULL RECOMMENDATION

CD/10/992

APPEAL DECISIONNO.AD1185

(r-083373-ir-09/pob)

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

HSE WEST

- AND -

A WORKER

DIVISION :

Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham

SUBJECT:
1. Appeal of Rights Commissioner's Recommendation r-083373-ir-09/POB.

BACKGROUND:

2. This dispute concerns the Worker's claim that, due to the terms of a collective agreement between the Employer and IMPACT, her terms and conditions of employment actually worsened when she was promoted. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 19th July, 2010 the Rights Commissioner issued the following Recommendation:-

- “Overall, while I have sympathy for the Claimant I can see no grounds to propose a change to the position adopted by the HSE”.
On the 22nd December, 2010 the Worker appealed the Rights Commissioner's 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 26th October, 2011.

WORKER'S ARGUMENTS:

3. 1.TheWorker has given many years of loyal service.

2.TheWorker had a legitimate expectation that her terms and conditions would be improved when she was promoted.

3.The Worker should be compensated accordingly.

EMPLOYER'S ARGUMENTS:

4. 1. Following a collective agreement between the Employer and IMPACT, the Worker was promoted.

2. The Employer has correctly applied this agreement.

3. Concession of this claim would lead to many similar claims being taken nationally.

DECISION:

It is accepted that the HSE acted in strict compliance with the collective agreement between it and the relevant trade unions in applying the standardised conditions to the Claimant.

It is the consistent practice of the Court to uphold collective agreements and the Court can see no reason to depart from that practice in this case. Accordingly, the Court upholds the Rights Commissioner's Recommendation and the appeal is disallowed.

Signed on behalf of the Labour Court

Kevin Duffy
14th November, 2011______________________
JMcCChairman

NOTE

Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.