FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE CORPORATE SERVICES (HEALTH SERVICES PARTNERSHIP FORUM) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation r-110687-ir-11/GC.
BACKGROUND:
2. The Claimant was employed as a Partnership Facilitator with the Health Services National Partnership Forum from 2002 until 31st December 2010 when she availed of a voluntary redundancy scheme. The case initially concerned two separate disputes, the first was in relation to revenue issues that affected the redundancy settlement the second a claim for the reimbursement of office accommodation costs that were incurred by the Claimant. The first dispute is now settled and is not before the Court. The issues regarding office accommodation costs remains in contention.
As the parties could not reach agreement locally the matter was referred to a Rights Commissioner for investigation and recommendation. On the 12th January 2012, the Rights Commissioner issued her Recommendation as follows:-
"This case concerns two main issues: The first concerns the dissatisfaction of the claimant about the detail of her voluntary redundancy figures. The second issue concerns her unresolved claim for expenses incurred for office accommodation. In relation to the first issue, much of the dissatisfaction centres around Revenue issues and I find that the respondent has tried to the best of its ability to clarify the issues for the claimant.
In relation to the claim for office set up expenses, I have much sympathy for the claimant and find that the HSE acted unfairly by stating there was no mechanism to deal with her claim at the time.
However the fact that the claimant, an experienced facilitator, signed a clear waiver in full and final settlement of all demands cannot be ignored. Should the waiver be set aside, the claimant would leave herself open to a more significant claim from the employer for re-imbursement of college fees.
I recommend that both sides draw a line under this issue and close any claim each have against the other"
On the 17th February, 2012 the Worker 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 30th May, 2012.
UNION'S ARGUMENTS:
2. 1. The Worker is seeking out-of -pocket expenses for personally providing office accommodation and equipment when these facilities were not provided by her Employer. Her full out of pocket expenses amount to a total of €5,000.00 half of which she is prepared to pay herself.
2. The Worker signed a "full and final settlement" waiver in settlement of salary, pension and redundancy issues only and this had nothing to do with her totally separate claim for office accommodation costs.
COMPANY'S ARGUMENTS:
3. 1. The Claimant requested a transfer from Beaumont Hospital to Kilkenny for personal reasons. Her request was agreed to despite the fact that there was no official post vacancy nor office accommodation in Kilkenny for a Facilitator at the time. Indeed it was anticipated that she would work from home until the HSE South found suitable office space for her.
2.The Claimant is not now entitled to redress under the Industrial Relations Acts as she signed a waiver under the Voluntary Redundancy Scheme.
DECISION:
The Court, in all the circumstances of this case, has decided to uphold the Rights Commissioner's Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
3rd July 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.