FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - THREE WORKERS (REPRESENTED BY INMO) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal against Rights Commissioner Recommendations r-082827 / 082829 / 082832-ir-09
BACKGROUND:
2. This dispute concerns the Employer's attempts to recoup monies which were incorrectly paid to the Workers. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 14th June, 2010 the Rights Commissioner issued the following Recommendation:-
- “I recommend that the Employer immediately cease deductions in respect of the overpayments made to the three claimants and that they should immediately repay to the three claimants any deductions already made in that respect”.
- “I recommend that the Employer immediately cease deductions in respect of the overpayments made to the three claimants and that they should immediately repay to the three claimants any deductions already made in that respect”.
3. 1.The Workers made enquiries to ensure that they were entitled to this allowance.
2.TheWorkers were told on several occasions by the Employer that they were entitled to this allowance.
3.The Workers were paid this money in good faith and they should not be penalised for the Employer's mistake.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer has been unable to establish who told the Workers they were entitled to this allowance.
2. The Workers were incorrectly paid this allowance andd the monies must be returned.
3. Concession of this cost-increasing claim would be precluded by the 'Croke Park Agreement'.
DECISION:
It is accepted that the payments giving rise to this dispute were made in error. It is also clear that the HSE is lawfully entitled to recover the payments.
Having regard to all the circumstances of this case the court has come to the conclusion that the Rights Commissioner's Recommendation ought to be varied so as to provide that the HSE should be entitled to recover the overpayment. However, having regard to the peculiar circumstances of this case the recovery should be by deductions over an extended period up to the normal retirement dates of the Claimants.
The Rights Commissioner's Recommendation is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
11th October, 2011______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.